Transport Superannuation Act 1988

Part 1—Preliminary

S. 1 amended by Nos 85/1992 s. 12, 46/1998 s. 7(Sch. 1).

1 Purpose

The purpose of this Act is to establish a Transport Superannuation Fund to provide superannuation benefits to persons employed in operating authorities and agencies of the Department of Infrastructure.

2 Commencement

This Act comes into operation on a day to be proclaimed.

3 Definitions

(1) In this Act—

S. 3(1) def. of actuary substituted by No. 4/1996 s. 124(a).

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

S. 3(1) def. of Board substituted by No. 120/1994 s. 73(1), repealed by No. 8/1999 s. 53(1)(a), new def. of Board inserted by No. 94/2005 s. 51(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 inserted by No. 82/1996 s. 71(1), amended by No. 27/2001 s. 5(Sch. 3 item 7.1(b)).

child, in relation to a member, means a child of the member or of his or her partner, other than any child born more than 10 months after his or her death;

S. 3(1) def. of complying super-annuation fund
inserted by No. 4/1996 s. 124(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. 20(1)(a), substituted by No. 120/1994 s. 72(1)(a), amended by Nos 46/1998 s. 7(Sch. 1), 84/1998 s. 51(1), 108/2004 s. 117(1) (Sch. 3 item 210.1).

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 (3)(a) applies; or

(ii) is a member of a class of persons declared or deemed to be persons to whom subsection (3)(a) 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 dependant substituted by No. 120/1994 s. 70(a), amended by No. 27/2001 s. 5(Sch. 3 item 7.1(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. 96(1)(a), 23/1994
s. 118(Sch. 1 item 58.1(a)), substituted by No. 120/1994 s. 71.

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 7.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 61.1), amended by No. 4/2009 s. 37(Sch. 1 item 27.1).

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. 16.

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. 16.

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

S. 3(1) def. of eligible member account inserted by No. 78/2004 s. 16.

eligible member account means the account established under section 28A;

S. 3(1) def. of eligible salary sacrifice contributor inserted by No. 40/2004 s. 42.

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

S. 3(1) def. of employee amended by Nos 87/1992 s. 20(1)(b), 50/1997 s. 17, 46/1998 s. 7(Sch. 1).

employee means a person other than an exempt officer or a person who is employed on a casual basis who is—

(a) employed as an officer or employee of a transport authority; or

(b) employed by the Board; or

(c) referred to in paragraph (a) or (b) and has resigned or been given leave of absence without pay to act as a full-time officer of—

(i) a union; or

(ii) an employee organisation—

which is approved by the Minister; or

(d) 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 officer in section 3(1) of the State Superannuation Act 1988;

S. 3(1) def. of exempt officer amended by No. 87/1992 s. 20(1)(c), substituted by No. 120/1994 s. 72(1)(b), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 210.2).

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 transport authority to the Board is in force; or

(b) a contract officer whose employing transport 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;

S. 3(1) def. of final average salary inserted by No. 110/1993 s. 129(1).

final average salary means—

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

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

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

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

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

S. 3(1) def. of Fund substituted by Nos 4/1996 s. 124(c), 94/2005 s. 51(1)(b).

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. 124(d).

S. 3(1) def. of member amended by No. 81/1988 s. 35(a).

member means an employee referred to in section 4(3) or 4(4);

minimum age for retirement means the age of 55 years;

S. 3(1) def. of occupational super-annuation standards inserted by No. 49/1992 s. 96(1)(b), repealed by No. 4/1996 s. 124(d).

S. 3(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 7.1(a)), substituted by No. 40/2010 s. 98(1).

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

prescribed means prescribed by the regulations;

S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 58.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 52), substituted by No. 13/2010 s. 51(Sch. item 57).

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. 71(2).

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. 12(b)(i)(ii), substituted by No. 87/1992 s. 20(1)(d).

retrenchment means the termination of the service of an employee who has not attained the minimum age for retirement in respect of whom a transport authority certifies in writing to the Board that the employee has been retrenched for the purposes of this Act;

S. 3(1) def. of RSA inserted by No. 40/2004 s. 41(1).

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

salary means the pecuniary emoluments payable to a member as prescribed;

service means service or employment as a member within the meaning of this Act and in relation to any qualifying period of service includes any service or employment recognised by the Board;

S. 3(1) def. of specified standards inserted by No. 4/1996 s. 124(e).

specified standards means standard specified under section 53;

S. 3(1) def. of spouse substituted by Nos 120/1994 s. 70(b), 27/2001 s. 5(Sch. 3 item 7.1(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. 51(1)(c).

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

S. 3(1) def. of super-annuation system inserted by No. 37/2007 s. 46.

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 surchargeable contributions inserted by No. 29/2000 s. 17.

surchargeable contributions means the surchargeable contributions of a member 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. 17.

surcharge debt account means, in relation to a person who is or has been a member, the surcharge debt account kept for that person (while he or she was a member) under section 44CA;

S. 3(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 17.

surcharge deduction amount means, in relation to a person—

(a) who is or has been a member; 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 44CA in relation to the person;

S. 3(1) def. of Transport Authority amended by Nos 44/1989 s. 41(Sch. 2 item 43), 46/1998 s. 7(Sch. 1), 54/2001 s. 38, 49/2019 s. 186(Sch. 4 item 44).

Transport Authority means—

(b) the Secretary to the Department of Transport; or

(e) the Grain Elevators Board; or

(f) the Port of Melbourne Authority; or

(g) the Port of Geelong Authority; or

(h) the Port of Portland Authority; or

(i) any other body that the Minister by instrument declares to be an employer for the purposes of this Act.

S. 3(2) amended by No. 49/1992 s. 96(2).

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

S. 3(2A) inserted by No. 70/2003 s. 35.

(2A) 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(3) inserted by No. 87/1992 s. 20(2), substituted by No. 120/1994 s. 72(2).

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

S. 3(3)(a) amended by No. 84/1998 s. 51(2).

(a) 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 transport authority to the Board; or

(b) 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 is that person's contract of employment and notified in writing by the employing transport authority to the Board.

S. 3(4) inserted by No. 8/1999 s. 53(2), repealed by No. 94/2005 s. 51(2).

S. 3(5) inserted by No. 27/2001 s. 5(Sch. 3 item 7.2), substituted by No. 12/2008 s. 73(1)(Sch 1 item 61.2).

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

S. 3(5)(a) amended by No. 4/2009 s. 37(Sch. 1 item 27.2(a)).

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

S. 3(5)(b) amended by No. 4/2009 s. 37(Sch. 1 item 27.2(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(6) inserted by No. 40/2010 s. 98(2).

(6) The definition of partner as substituted by section 98(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. 43.

3A Declaration of eligible salary sacrifice contributors

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

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

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

4 Application of Act

S. 4(1) amended by No. 72/1990 s. 13.

(1) A person who is an employee and is entitled to any benefits from—

(a) the State Superannuation Fund; or

(b) the Metropolitan Transit Authority Superannuation Fund; or

(c) the Local Authorities Superannuation Fund; or

(d) the Port of Melbourne Authority Superannuation Fund; or

(e) the Port of Geelong Authority Superannuation Fund; or

(f) the State Employees Retirement Benefits Fund; or

S. 4(1)(g) amended by No. 46/1998 s. 7(Sch. 1).

(g) any other superannuation arrangement approved by the Minister by instrument for the purposes of this subsection—

may within the prescribed period or periods elect to become a member of the Fund.

(2) Any employee of a transport authority who was not a member of a prescribed superannuation scheme and who for any reason left that employment on or after 1 September 1987 but before the commencement of this Act is entitled to apply to the Board for benefits in accordance with this Act.

(3) A person who is not a person to whom subsection (1) applies but was an employee before 1 September 1987 is to be taken to have become a member on that date.

(4) A person becomes a member—

(a) if the person becomes an employee on or after the date on which this Act comes into operation, on the commencement of that employment; or

(b) if the person is a person to whom subsection (1) applies, when that person makes an election under subsection (1).

S. 4(5) amended by Nos 4/1996 s. 125(1), 8/1999 s. 53(1)(b), 43/2008 s. 22(1).

(5) Subject to subsection (5A), this Act does not apply to an employee while he or she is a member of a prescribed superannuation scheme.

S. 4(5A) inserted by No. 4/1996 s. 125(2), repealed by No. 8/1999 s. 53(1)(c), new s. 4(5A) inserted by No. 43/2008 s. 22(2).

(5A) Subsection (5) does not apply if the employee is a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) of the Emergency Services Superannuation Act 1986.

S. 4(6) inserted by No. 110/1993 s. 130, amended by No. 58/1994 s. 9.

(6) A person cannot become a member of the Fund on or after the commencement of section 130 of the Public Sector Superannuation (Administration) Act 1993 except by transfer to the Fund in accordance with section 60 of the Public Sector Superannuation (Administration) Act 1993.

Pt 2 (Heading) substituted by No. 120/1994 s. 73(2), repealed by No. 8/1999 s. 53(1)(d).

S. 5
repealed by No. 120/1994 s. 73(3).

S. 6
amended by Nos 49/1992 s. 97(1)(2), 4/1996 s. 126(a), 46/1998 s. 7(Sch. 1), 84/1998 s. 52(1)(2), repealed by No. 8/1999 s. 53(1)(c).

Ss 7–15 repealed.[1]

Pt 3 (Heading) repealed by No. 4/1996 s. 127.

Ss 16–21 repealed.[2]

Pt 2
(Heading and s. 22) amended by Nos 82/1996 s. 72, 46/1998 s. 7(Sch. 1), 8/1999 s. 53(1)(e), repealed by No. 94/2005 s. 52.

Part 4—Part-time employees

23 Definitions applying to this Part only

(1) In this Part—

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

full-time employee means an employee who is deemed by the Board to have been employed on a full-time basis throughout the year;

part-time employee means an employee (not being a full-time employee)—

(a) in respect of whom his or her employer certifies in writing to the Board is employed on a basis which requires him or her to render part-time service; or

(b) who is deemed by the Board to be a part-time employee;

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

View image in the official source where—

A is the total service of the part-time employee;

B is the total service that the part-time employee would have rendered if he or she had been a comparable full-time employee throughout his or her service as a part-time employee;

total service in relation to an employee means the total in years of his or her continuous service, whether as a full-time or part-time employee, and, where that total is relevant to the calculation of benefits on death or retirement on grounds of disability, includes prospective service.

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

(3) The prospective service of a part-time employee 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 Fund (whichever is the lesser) bears to the service which would have been required of a comparable full-time employee over the same period.

24 Act applies subject to principles and rules for part-time employees

(1) This Act applies to a part-time employee 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 employee follows continuously upon his or her service as a full-time employee; or

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

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

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

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

Pt 5
(Heading and ss 25, 26) amended by Nos 72/1990 s. 15, 12/1999 s. 4(Sch. 2 item 18.1), repealed by No. 94/2005 s. 52.

Part 6—Contributions

27 Contributions by transport authorities

(1) The Board may determine the contributions to be paid into the Fund by a transport authority in respect of each of its employees.

S. 27(1A) inserted by No. 84/1998 s. 53.

(1A) Subsection (1) does not apply in respect of a member who has ceased making contributions because of section 28(7).

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

(a) as a percentage of salary; or

(b) as a multiple of an employee's contribution; or

(c) as a proportion of the benefit payable; or

S. 27(2)(d) substituted by No. 120/1994 s. 74.

(d) as a fixed amount; or

S. 27(2)(e) inserted by No. 120/1994 s. 74.

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

(3) The Board may make separate determinations for any particular transport authority.

S. 27(4) inserted by No. 4/1996 s. 128.

(4) If a transport authority does not within 14 days after an amount has become payable pay the whole of that amount to the Board, the transport authority must pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which it becomes payable until the date on which it is paid to the Board.

S. 27(5) inserted by No. 4/1996 s. 128.

(5) In this section, transport authority means—

(a) a transport authority within the meaning of the definition of transport authority in section 3(1); and

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

S. 27(6) inserted by No. 4/1996 s. 128.

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

28 Contributions by members

(1) A member must make contributions to the Fund at a rate specified in the following Table at the election of the member:

TABLE OF CONTRIBUTIONS

Contribution as a percentage of salary

Nil

2⋅5%

5⋅0%

7⋅5%

(2) A member can only elect to contribute at a rate equal to 7·5 percent of his or her salary if—

S. 28(2)(a) repealed by No. 110/1993 s. 132.

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

(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 percent of his or her salary for the whole of his or her period of service.

(3) For the purposes of subsection (2) service includes—

S. 28(3)(a) substituted by No. 81/1988 s. 36.

(a) service recognised by the Board before becoming a member other than the service in respect of which a deferred benefit from any other public sector superannuation scheme is payable;

(b) unpaid parental leave up to 12 months for each confinement if the member has returned for at least 12 months of paid employment after the period of unpaid parental leave.

S. 28(3A) inserted by No. 40/2004 s. 44.

(3A) An eligible salary sacrifice contributor may by notice in writing to the employing transport 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. 28(3B) inserted by No. 40/2004 s. 44.

(3B) An election under subsection (3A)—

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

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

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

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

S. 28(3C) inserted by No. 40/2004 s. 44.

(3C) Member contributions made in accordance with the rate determined under subsection (3A) are for the purposes of this Act (other than sections 44CA to 44CC) 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 (3A).

Note to s. 28(3C)(b) inserted by No. 37/2007 s. 47.

Note

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

S. 28(3D) inserted by No. 40/2004 s. 44.

(3D) An election under subsection (3A) does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.

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

S. 28(5) substituted by No. 32/2025 s. 15.

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

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

S. 28(7) amended by No. 40/2010 s. 99(1).

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

S. 28(8) inserted by No. 49/1992 s. 100, repealed by No. 4/1996 s. 126(b),
new s. 28(8) inserted by No. 40/2010 s. 99(2).

(8) Despite subsection (7), a member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.

S. 28A inserted by No. 78/2004 s. 17.

28A Eligible member account

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

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

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

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

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

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

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

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

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

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

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

(a) as a lump sum; and

(b) in accordance with the specified standards.

S. 28A(6A) inserted by No. 38/2009 s. 32.

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

(7) Eligible contributions—

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

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

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

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

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

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

Part 7—Benefits

29 Benefit on retirement due to age

S. 29(1) amended by No. 110/1993 s. 129(2)(a).

(1) The accrued retirement benefit of a member is the sum of—

S. 29(1)(a) amended by No. 94/2005 s. 53.

(a) 10 per cent of the final average salary of the member for each year of membership in which he or she contributed 0 per cent of salary to the State Superannuation Fund and the Fund; and

S. 29(1)(b) amended by No. 94/2005 s. 53.

(b) 15 per cent of the final average salary of the member for each year of membership in which he or she contributed 2⋅5 per cent of salary to the State Superannuation Fund and the Fund; and

S. 29(1)(c) amended by No. 94/2005 s. 53.

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

S. 29(1)(d) amended by No. 94/2005 s. 53.

(d) 25 per cent of the final average salary of the member for each year of membership in which he or she contributed 7⋅5 per cent of salary to the State Superannuation Fund and the Fund; and

S. 29(1)(e) amended by No. 81/1988 s. 37(a).

(e) 2 per cent of the final average salary of a member who is not a person to whom section 4(1) applies for each year of his or her service prior to 1 September 1987 less the amount of any retirement gratuity payable under any industrial award or negotiated settlement.

S. 29(1A) inserted by No. 81/1988 s. 37(b).

(1A) The accrued retirement benefit in respect of any year of membership must be reduced by the amount of any retirement gratuity payable in respect of that year under any industrial award or negotiated settlement.

S. 29(1B) inserted by No. 49/1992 s. 101.

(1B) For the purposes of subsection (1)(e) a break in service of a period of not more than 4 weeks in employment with a transport authority prior to 1 September 1987 is to be disregarded if in respect of that period no benefit has been or is payable from a statutory superannuation scheme other than a refund of employee contributions with or without interest.

S. 29(2) amended by No. 110/1993 s. 129(2)(a).

(2) The accrued retirement benefit of a member must not exceed a maximum of 8·4 times the final average salary of that member.

S. 29(2A) inserted by No. 70/2003 s. 36.

(2A) 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.

(3) Subject to subsection (2), on the retirement of a member, the Board must pay to him or her a lump sum equal to his or her accrued retirement benefit.

30 Benefit on death before retirement

S. 30(1) amended by Nos 110/1993 s. 129(2)(b), 61/2013 s. 23(1).

(1) Unless subsection (5A) applies, on the death of a member 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 member had retired at 60 years of age and was contributing at 5 per cent of 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 age 60.

S. 30(2) amended by No. 61/2013 s. 23(2).

(2) Unless subsection (5A) applies, on the death of a member 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. 30(2A) inserted by No. 37/2007 s. 48, amended by No. 61/2013 s. 23(3).

(2A) Unless subsection (5A) applies, if subsection (1) or (2) 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 member.

S. 30(2B) inserted by No. 37/2007 s. 48.

(2B) For the purposes of subsection (2A), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 30(3) amended by Nos 4/1996 s. 130(1), 61/2013 s. 23(4).

(3) Unless subsection (5A) applies, if on the death of a member before retirement there are no dependants, the Board must pay to his or her personal representative a lump sum equal to the amount of contributions made by him or her and interest at the rate which is the prescribed rate under section 35(1).

S. 30(4) amended by No. 27/2001 s. 5(Sch. 3 item 7.3).

(4) A 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. 30(4A) inserted by No. 40/2010 s. 100.

(4A) A person who has not been registered under subsection (4) may lodge a claim in a form approved by the Board as a dependant of a deceased member.

S. 30(5) amended by No. 61/2013 s. 23(5).

(5) Subject to subsection (5A), the Board may assume that there are no dependants for the purposes of subsection (3) if—

(a) no dependants have been registered under subsection (4); and

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

S. 30(5A) inserted by No. 61/2013 s. 23(6).

(5A) Subject to any specified standards, if the 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 member that is payable under this section in accordance with the notice.

S. 30A inserted by No. 40/2010 s. 101.

30A Board to consider nominations of dependants

(1) Before apportioning benefits under section 30, the Board must consider whether any registered person or claimant under that section was a dependant of the deceased member or former 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 member or former member at the date of death of the member or former member; 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 member's or former member's benefits each dependant is to receive.

31 Benefit on retirement through disability

S. 31(1) amended by No. 110/1993 s. 129(2)(c).

(1) If a member retires on the ground of disability before the age of 60 years 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 member had retired at 60 years of age and was contributing at 5 per cent of salary from the date of retirement until the date on which he or she would attain 60 years of age 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. 31(2) amended by No. 82/1996 s. 73(a).

(2) If a former 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).

S. 31(3) amended by No. 82/1996 s. 73(a).

(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 former member is to receive—

S. 31(3)(a) amended by No. 84/1998 s. 54.

(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. 31(4) amended by Nos 4/1996
s. 129, 82/1996 s. 73(a)(b).

(4) If the former member dies before attaining the age of 65 years the Board must pay to the dependants 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 less any lump sum payment made by the Board under subsection (3)(a);

X means the number of instalments of pension already paid.

S. 31(4A) inserted by No. 37/2007 s. 49.

(4A) If subsection (4) 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 former member.

S. 31(4B) inserted by No. 37/2007 s. 49.

(4B) For the purposes of subsection (4A), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 31(5) inserted by No. 120/1994 s. 75.

(5) A person is not entitled to a benefit under this section if the person has ceased to be employed and the cessation of employment was not on the ground of disability.

S. 31(6) inserted by No. 61/2013 s. 24.

(6) A person who ceases employment after the commencement of section 24 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 benefit under this section.

S. 31(7) inserted by No. 61/2013 s. 24.

(7) For the purposes of subsection (6), a reference in this section to the retirement of the person is to be construed as a reference to the person ceasing employment.

S. 32 substituted by No. 120/1994 s. 76.

32 Temporary pensions

(1) If the Board determines that a member who has applied to retire on the grounds of disability may substantially recover from a recurring injury or illness, the Board may determine that he or she be given the pension to which he or she would have been entitled had he or she retired on the ground of disability for a limited period only of up to 2 years.

(2) The Board may determine that any pension payable under this section is to be conditional upon the member undertaking an approved course of training or education or participating in any rehabilitation program at the expense of the Board.

(3) If a person has been granted a pension under this section, he or she may not retire on the grounds of that disability but in all other respects this Act as it relates to disability pensioners applies.

(4) The eligibility of the pensioner must be reviewed at intervals not exceeding 6 months as determined by the Board.

(5) If the pensioner does not comply with this section, the pension ceases to be payable as long as he or she continues in default.

(6) If the pensioner continues in default for a period of 12 months, the Board must cancel the pension.

33 Benefit on retirement due to ill-health

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

34 Benefit on retrenchment

A 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. 34A inserted by No. 87/1992 s. 21.

34A Exempt officers

(1) A 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.

(2) A benefit under this section—

(a) must be indexed in accordance with section 46; and

S. 34A(2)(b) amended by No. 4/1996 s. 131(1).

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

S. 34A(3) inserted by No. 95/2000 s. 21(1).

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

(a) convert the entitlement to a present lump sum; and

S. 34A(3)(b) substituted by Nos 40/2004 s. 41(2), 37/2007 s. 50.

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

S. 34A(4) inserted by No. 95/2000 s. 21(1).

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

35 Benefit on resignation

S. 35(1) amended by No. 110/1993 s. 129(2)(d).

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

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

(b) a deferred benefit equal to—

(i) 3 per cent of final average salary for each year of service after 1 September 1987; and

(ii) for each year of service in excess of 5 years, 5 per cent of the balance of the accrued retirement benefit up to a maximum of 100 per cent of the balance of the accrued retirement benefit after 25 years of service.

S. 35(2) amended by No. 110/1993 s. 129(2)(d).

(2) In subsection (1)(b)(ii) balance of the accrued retirement benefit means the accrued retirement benefit at the time of his or her resignation less the total of 3 per cent of final average salary for each year of service and the amount referred to in subsection (1)(a) expressed as a percentage of final average salary.

(3) For the purposes of subsection (1)(b)(ii) service includes up to 12 months unpaid parental leave for each confinement if the member has returned for at least 12 months of paid employment after the period of unpaid parental leave.

S. 35(4) amended by No. 4/1996 s. 131(2).

(4) The deferred benefit is payable to the member on the request of the member to the Board at any time from the age of 55 years except for that part of the deferred benefit which is subject to the specified standards.

S. 35(4A) inserted by No. 81/1988 s. 37(c), repealed by No. 110/1993 s. 133(a), new s. 35(4A) inserted by No. 95/2000 s. 21(2).

(4A) A member who is entitled to a deferred benefit may elect in writing to the Board to—

(a) convert the entitlement to a present lump sum; and

S. 35(4A)(b) substituted by Nos 40/2004 s. 41(3), 37/2007 s. 51(1).

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

S. 35(4B) inserted by No. 95/2000 s. 21(2).

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

(5) The deferred benefit is payable—

(a) in the case of the death of the member, upon his or her death to his or her dependants; or

S. 35(5)(b) amended by Nos 110/1993 s. 133(b), 4/1996 s. 126(c)(i).

(b) in the case of the disability of the member, when the member becomes disabled, to the member.

S. 35(5)(c) inserted by No. 110/1993 s. 133(b), repealed by No. 4/1996 s. 126(c)(ii).

S. 35(6) inserted by No. 37/2007 s. 51(2).

(6) If subsection (5)(a) 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 member.

S. 35(7) inserted by No. 37/2007 s. 51(2).

(7) For the purposes of subsection (6), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 35A inserted by No. 54/1993 s. 12, amended by Nos 4/1996 ss 130(2), 131(3), 70/2003 s. 37, substituted by No. 40/2004 s. 45.

35A Minimum benefit

S. 35A(1) amended by No. 94/2005 s. 54(1).

(1) Despite anything to the contrary in this Act or the regulations, the amount of the benefit paid or payable under this Act in respect of any member or former member must not in respect of the period during which the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth applies, be less than the sum of the superannuation guarantee amount and the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the prescribed rate under section 35(1).

S. 35A(2) amended by No. 94/2005 s. 54(2).

(2) Subject to this section, if the total amount of all the benefits paid or payable under this Act in respect of a member or former member is less than the sum of the superannuation guarantee amount and the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the prescribed rate under section 35(1) up to the date that the member or former member first became entitled to a benefit under this Act other than a temporary pension under section 32, there is to be paid out of the Fund to the member or former member an amount determined by the Board in accordance with the formula—

P = A + I

"P" means the amount to be paid;

"I" means interest as appropriate on "A" at the rate which is the prescribed rate under section 35(1) from the date "A" is calculated until the date that "A" is paid out of the Fund—

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

SGC + MCI – B

"SGC" means the superannuation guarantee amount;

"MCI" means the sum of the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the prescribed rate under section 35(1) up to the date that the contributor or former contributor first became entitled to a benefit under this Act other than a temporary pension under section 32;

"B" means the total amount of all the benefits paid or payable in respect of the member or former member.

(3) Unless subsection (4) applies, for the purposes of this section, the total amount of all the benefits paid or payable in respect of a member or former member is to be determined by the Board as at the date on which the member or former member first became entitled to a benefit under this Act, other than a temporary pension under section 32, irrespective of when the benefit is payable.

(4) If a member or former member becomes entitled to another benefit under this Act other than a temporary pension under section 32 after having returned to work following a period as a pensioner under this Act, the total amount of all the benefits paid or payable in respect of the member or former member is to be determined by the Board as at the date on which the member or former member first became entitled to that other benefit under this Act.

(5) If the amount of the benefit paid or payable under this Act consists of, or includes, a pension or deferred benefit, the amount of the benefit paid or payable under this Act for the purposes of this section is to be determined by the Board in accordance with a method determined by an actuary appointed by the Board.

(6) Any part of the superannuation guarantee amount which is required to be preserved in accordance with the specified standards must be preserved.

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

(8) In this section, "superannuation guarantee amount" means the amount determined by the Board after obtaining the advice of an actuary appointed by the Board to be the minimum amount necessary in respect of a member or former member to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(9) The amount determined by the Board for the purpose of subsection (8) is to be determined as if no election had been made under section 28(3A).

S. 36 amended by No. 46/1998 s. 7(Sch. 1).

36 Additional benefits in respect of membership of approved superannuation arrangements

If the Board has received a transfer of money or other assets from a superannuation arrangement approved by the Minister by instrument for the purposes of this section the Board must determine the additional benefits for the members for whom the transfer has been made having regard to the periods of membership and contributions of the members under that approved superannuation arrangement and any benefits paid to the members from that approved superannuation arrangement.

S. 36A inserted by No. 84/1998 s. 55.

36A 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.

Pt 7A (Heading and ss 36AA–36AG) inserted by No. 70/2003 s. 38.

Part 7A—Family law provisions

S. 36AA inserted by No. 70/2003 s. 38.

36AA Definitions

(1) In this Part—

approved deposit fund has the meaning given by section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible rollover fund means a fund within the meaning of section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible superannuation plan means—

(a) a regulated superannuation fund; or

(b) an approved deposit fund; or

(c) an exempt public sector superannuation scheme; or

(d) an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

flag lifting agreement has the meaning given by section 90MN of the Commonwealth Family Law Act 1975;

flagging order means an order mentioned in section 90MU(1) of the Commonwealth Family Law Act 1975;

interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

payment flag has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

relevant condition of release means, a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Commonwealth Superannuation Industry (Supervision) Regulations 1994;

reversionary interest has the meaning given by section 90MF of the Commonwealth Family Law Act 1975;

RSA repealed by No. 40/2004 s. 41(4).

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. 33(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. 33(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. 36AB inserted by No. 70/2003 s. 38.

36AB 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. 36AC inserted by No. 70/2003 s. 38.

36AC Obligation on Board

S. 36AC(1) amended by No. 38/2009 s. 34(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 38 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. 36AC(2A) inserted by No. 38/2009 s. 34(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 34 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. 36AD inserted by No. 70/2003 s. 38.

36AD Reduction of benefit or accrued benefit entitlement

Despite anything to the contrary in this Act, if under section 36AC 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. 36AE inserted by No. 70/2003 s. 38.

36AE 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. 36AF inserted by No. 70/2003 s. 38.

36AF 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. 36AG inserted by No. 70/2003 s. 38.

36AG Charging of fees

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

(a) a payment split;

(b) a payment flag;

(c) flag lifting under a flag lifting agreement that does not provide for a payment split;

(d) an order under section 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment flag;

(e) an application under section 90MZB of the Commonwealth Family Law Act 1975 for information about a superannuation interest;

(f) any other thing done by the Board in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order;

(g) the provision of information under section 36AE.

(2) Fees charged under subsection (1) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.

(3) If the Board charges a fee under subsection (1), the fee is payable—

(a) unless paragraph (b) applies, in the case of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(f), by the member spouse and the non-member spouse in equal parts; or

(b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse; or

(c) in the case of subsection (1)(e) or (1)(g), by the person who made the application.

Part 8—General provisions

S. 36B inserted by No. 13/1999 s. 17.

36B 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.

37 Intermittent service

S. 37(1) substituted by No. 81/1988 s. 38(a), amended by Nos 4/1996 s. 132, 94/2005 s. 55, 37/2007 s. 52.

(1) If a 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 132 of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 22 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. 37(1A) inserted by No. 49/1992 s. 102, repealed by No. 4/1996 s. 126(d).

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

S. 37(2)(a) amended by No. 81/1988 s. 38(b).

(a) the period of unpaid leave is to be
treated as service for the purposes of section 35(1)(b)(ii); and

(b) the 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. 37(3) amended by No. 81/1988 s. 38(c).

(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. 37(5) amended by No. 110/1993 s. 129(2)(a).

(5) If a member resigns and subsequently recommences service and contributes to the Fund for 3 years his or her 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.

38 Board may require information for purposes of administering Act

(1) The Board may at any time require—

S. 38(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 84/1998 s. 56.

(a) the department head of any department or any other person or body who or which employs or uses the services of a person who is a member to furnish any returns and information with respect to any person as the Board may require for the purpose of this Act, including without limiting the generality of the foregoing, particulars of the name, sex, date of birth, date of appointment, date of commencement of duty, rate of salary and changes in the rate of salary, and hours of duty and changes in the hours of duty, and tax file number of that person; or

S. 38(1)(b) amended by No. 23/1994 s. 118(Sch. 1 item 58.2).

(b) any member or person entitled or claiming to be entitled to a benefit to furnish any returns and information (including the report of any registered medical practitioner) as the Board may require for the purposes of this Act.

S. 38(2) amended by No. 23/1994 s. 118(Sch. 1 item 58.2).

(2) Subject to the Freedom of Information Act 1982, the Board must not disclose to any person except a court or the person to whom the report relates information contained in the report of a registered medical practitioner given to the Board under subsection (1)(b).

(3) Despite any Act or rule of law or practice to the contrary, the Board is not prevented on the ground of medical professional privilege from producing in any legal proceedings any report referred to in subsection (2).

(4) Any person who, without reasonable excuse, fails, neglects or refuses to furnish the information required of him or her under this Act is liable to a penalty of not more than 10 penalty units.

39 Power of Board to reclassify in certain cases

(1) If the Board is satisfied that—

(a) a member or former member has failed to fully and honestly disclose any information that he or she was requested to give in relation to his or her classification or reclassification; or

(b) the member or former member has given any false or misleading information in relation to his or her classification or reclassification—

the Board may reclassify the member or former member as it thinks fit.

(2) Any reclassification takes effect from the day whether or not an earlier day as is specified by the Board.

40 Question as to disability determined by Board on medical officers' report

S. 40(1) amended by Nos 49/1992 s. 103(a), 23/1994 s. 118(Sch. 1 item 58.3), 120/1994 s. 77.

(1) If any question arises as to—

(a) whether a member is unable by reason of disability to perform his or her duties; and

(b) whether the disability is due to his or her fault—

the question is to be determined by the Board (whether before or after the retirement of the member on the ground of disability) after considering, among other things, reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.

S. 40(2) amended by No. 49/1992 s. 103(b)(i)(ii).

(2) After the Board receives reports from the medical officers and has made a determination on the issue which is adverse to the member, the member has the right to require the Board to review its determination and obtain a further report from—

S. 40(2)(a) amended by No. 23/1994 s. 118(Sch. 1 item 58.3).

(a) a registered medical practitioner mutually agreed upon by the member and the Board; or

S. 40(2)(b) amended by Nos 23/1994 s. 118(Sch. 1 item 58.3), 46/1998 s. 7(Sch. 1).

(b) if the member and the Board do not agree, a registered medical practitioner appointed by the Minister.

S. 40A inserted by No. 40/2010 s. 102.

40A Disclosure of contents of medical reports

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

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

41 Review of determinations relating to disability

The Board may review at intervals of not less than one month a determination of a question as to whether a member or former member is disabled or as to the extent of any disability from which a member or former member is suffering.

42 Stopping of pension

If a person who is receiving a pension for disability refuses to be medically examined the Board may stop his or her pension until he or she undergoes examination.

S. 43 substituted by No. 64/1989 s. 36(6).

43 Disability pensions[[3]](#endnote-4)

If a person who has not attained the age of 60 years and who is receiving a disability pension under this Act is, in the opinion of the Board, capable of obtaining gainful employment, the Board may determine to suspend the pension or reduce it and may, from time to time, review any such determination.

S. 44 amended by No. 49/1992 s. 104 (as amended by No. 120/1994 s. 79(1)), repealed by No. 64/1995 s. 42.

Ss 44A, 44B inserted by No. 49/1992 s. 105, repealed by No. 4/1996 s. 126(d).

S. 44C inserted by No. 110/1993 s. 134.

44C Taxation on benefits

(1) In this section—

actuary means a person who is—

(a) a fellow or an accredited member of the Institute of Actuaries of Australia; and

(b) approved by the Minister; and

(c) appointed by the Board as the actuary for the purpose of this section;

affected member means in relation to a benefit reduction under subsection (2) or (3) a person who is a member of the Fund immediately before the date from which that reduction commences to apply;

after-tax benefit means the amount of benefit after allowing for income tax calculated at the rates and in the manner as at the date of commencement of section 134 of the Public Sector Superannuation (Administration) Act 1993 applicable to a person aged 55 years or more;

detriment means receiving a lesser amount of after-tax benefit than would have been received if the benefit—

(a) had not been reduced in accordance with subsections (2) and (3); and

(b) had been an untaxed benefit;

S. 44C(1) def. of post‑June 1983 component amended by No. 50/1997 s. 18(6).

post-June 1983 component has the same meaning as in section 27A of the tax law;

rebatable 27H amount has the same meaning as in section 159SJ of the tax law;

tax law means the Commonwealth Income Tax Assessment Act 1936;

taxed element has the same meaning as in section 27A of the tax law;

taxed in respect of a benefit means a benefit in relation to which there is a taxed element or a rebatable 27H amount as the case may be;

untaxed in respect of a benefit means a benefit in relation to which there is no taxed element or rebatable 27H amount as the case may be.

(2) If before the commencement of section 134 of the Public Sector Superannuation (Administration) Act 1993 the Board determined that any part of the post-June 1983 component of a benefit paid or payable to a member of the Fund was to be classified for the purposes of the tax law as taxed, then the benefits accruing in respect of members of the Fund in relation to the period after 1 July 1993 (and any relevant maximum benefit) must be reduced on the basis determined by an actuary and approved by the Minister.

(3) If at any time after the commencement of section 134 of the Public Sector Superannuation (Administration) Act 1993 the Board determines that any part of the post-June 1983 component of a benefit paid or payable to a member of the Fund is to be classified for the purposes of the tax law as taxed, then the benefits (including any relevant maximum benefit) must be reduced on the basis determined by an actuary and approved by the Minister.

(4) In addition to any other form of determination by the Board, the Board shall be deemed to have made a determination under subsection (2) or (3) if it fails to issue a relevant notice to a benefit recipient under the tax law classifying all of the post-June 1983 component of a benefit payable to a member of the Fund as untaxed.

(5) In determining the basis of the reduction required under subsection (2) or (3), the actuary must aim to ensure as far as practicable that—

(a) the cost of the Fund to employers participating in the Fund is not greater than what would have been the employer cost if the income of the Fund was from 1 July 1988 not subject to tax; and

(b) no unreasonable detriment is caused to an affected member of the Fund.

(6) If, having received an application from an affected member in accordance with subsection (7), the Board is satisfied that a reduction in benefits has resulted in an unreasonable detriment to the member in respect of a benefit which has become payable to the member, the Board may take such steps, including without limitation increasing the benefit, as the Board considers necessary to avoid or compensate for that detriment.

(7) An affected member may within 3 months of a benefit becoming payable from the Fund (or any longer period approved by the Board if the Board considers that there are special circumstances) apply to the Board for a review of the amount of the benefit.

(8) The application must be in a form and contain and be accompanied by information prescribed by the Board.

(9) The Board must not consider an application for review under this subsection on any ground other than unreasonable detriment.

(10) In determining whether an unreasonable detriment exists and the extent of that detriment—

(a) the Board must act on the advice of the actuary, given either generally or in any specific case; and

(b) the actuary must have regard to the following factors—

(i) the receipt by a member of a post-June 1983 component of the benefit classified for the purposes of the tax law as a taxed element rather than as an untaxed element; and

(ii) the rates of tax and the basis for its assessment under the tax law as at the date of commencement of this Act in respect of a benefit that becomes payable to a person aged 55 years or more; and

(iii) any other matters the actuary considers relevant.

S. 44CA inserted by No. 29/2000 s. 18.

44CA Surcharge debt account

(1) The Board must establish and maintain a separate surcharge debt account for each member of the Fund.

(2) The Board must debit to a member's surcharge debt account—

(a) any superannuation contributions tax paid or payable by the Board on contributions in respect of the member as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and

(b) if the member's surcharge debt account is in debit at the end of a financial year, interest on the amount by which the account is in debit, calculated at the same rate as the rate determined under section 16 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(c) any debit adjustment to the amount debited under paragraph (a).

(3) The Board must credit to a member's surcharge debt account—

(a) any pre-payment by the member to the Board in respect of any payment made or to be made by the Board to discharge or partially discharge the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(b) any credit adjustment to the amount debited under subsection (2)(a); and

(c) any surcharge deduction amount under subsection (4); and

(d) an amount to achieve a nil balance after all the debits under subsection (2) and all the credits under paragraphs (a) to (c) have been made.

(4) If—

(a) the Board discharges the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 under section 7 of that Act; and

(b) benefits become payable to or in respect of a person who has been a member of the Scheme; and

(c) the person's surcharge debt account is in debit when those benefits become so payable—

then, despite anything in any Act or in any trust instrument, contract or other document, the Board may reduce those benefits by an amount determined in writing that, in the Board's opinion on the advice of an actuary, would be fair and reasonable having regard to the matters specified in subsection (5).

(5) In making the determination, the Board must have regard to the following—

(a) the amount by which the person's surcharge debt account is in debit when those benefits become payable;

(b) the value of the employer-financed component of those benefits;

(c) the value of the benefits that, for the purpose of working out (under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997) the surchargeable contributions reported for the person, were assumed to be likely to be payable to the person on his or her ceasing to be a member of the Scheme;

(d) whether the person has or had qualified for his or her maximum benefit entitlement under this Act;

(e) any other matter that the Board considers relevant.

(6) The amount determined under subsection (4) by the Board must not be more than 15 per cent of the employer-financed component of that part of the benefits payable to the person that accrued after 20 August 1996.

(7) For the purposes of subsection (4), if the benefit is in the form of a pension entitlement, the deduction is to be made by the Board commuting the person's pension entitlement to the extent determined by an actuary appointed by the Board to be necessary to meet the amount determined under subsection (4).

(8) The exercise of the power of commutation under subsection (7) does not affect the exercise of any other commutation rights under this Act.

S. 44CB inserted by No. 29/2000 s. 18.

44CB Recovery of surcharge where person entitled to deferred benefit

(1) This section applies if—

(a) a person becomes entitled to a deferred benefit under this Act; and

(b) any superannuation contributions tax is paid by the Board on contributions in respect of the person, made when the person was a member, as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and

(c) the notice of surcharge assessment is issued after the person ceased to be a member of the Scheme.

(2) The Board must reduce the person's deferred benefit to the extent determined by an actuary appointed by the Board to be necessary to recover the amount referred to in subsection (1).

(3) The Board must advise the person in writing as to the actuary's determination.

(4) The exercise of the power under subsection (2) does not affect the exercise of any other commutation rights under this Act.

S. 44CC inserted by No. 29/2000 s. 18.

44CC Commutation of pension to meet surcharge liability

(1) The power of commutation under this section applies if—

(a) a person is receiving a pension under this Act; and

(b) the person receives a notice of surcharge assessment on contributions made in respect of the person when he or she was a member from the Australian Taxation Office for which he or she is personally liable; and

(c) the person makes an election in accordance with subsection (2).

(2) The election must—

(a) be made within the period of 3 months after the day on which the assessment is made; and

(b) be made in a manner approved by the Board; and

(c) authorise the Board to pay on the person's behalf the amount of the surcharge assessment directly to the Australian Taxation Office.

(3) The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the surcharge assessment.

(4) The Board must advise the person in writing as to the actuary's determination.

(5) The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act.

S. 44D inserted by No. 110/1993 s. 134, substituted by No. 82/1996 s. 74.

44D Early release of benefits

(1) The Board may approve the early release of part or all of the vested benefit of a member or former member in accordance with the specified standards.

(2) The Board must determine—

(a) the amount of the vested benefit to be released; and

(b) the method of payment of that amount; and

(c) the reduction to be made to the vested benefit—

in accordance with the specified standards.

45 Settlement of disputes

(1) Any dispute under this Act must be determined in the first place by the Board.

S. 45(2) substituted by No. 52/1998
s. 311(Sch. 1 item 97.1).

(2) A person whose interests are affected by a decision of the Board may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

S. 45(3) inserted by No. 52/1998 s. 311(Sch. 1 item 97.1).

(3) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

46 Indexation

S. 46(1) amended by No. 49/1992 s. 106(a)(b), substituted by Nos 110/1993 s. 135(1), 120/1994 s. 78.

(1) In this section—

S. 46(1) def. of consumer price index substituted by No. 44/2014 s. 33(Sch. item 30(1)).

consumer price index means the all groups consumer price index for all capital cities in original terms published by the Australian Bureau of Statistics in respect of a reference period ending on 30 June or 31 December;

S. 46(1) def. of prescribed half year amended by No. 44/2014 s. 33(Sch. item 30(2)).

prescribed half year means the half year ended 31 December 1987 or any subsequent half year ending on 30 June or 31 December in which the consumer price index is higher than the previous highest consumer price index for a half year in or since the half year ended 31 December 1987;

S. 46(1) def. of prescribed percentage amended by No. 44/2014 s. 33(Sch. item 30(3)).

prescribed percentage in relation to a prescribed half year after 31 December 1987 means the percentage calculated to two decimal places in accordance with the formula—

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

"B" is the consumer price index for the preceding prescribed half year.

S. 46(2) amended by No. 49/1992 s. 106(c), substituted by Nos 110/1993 s. 135(1), 120/1994 s. 78.

(2) A contributor's pension or deferred benefit under this Act other than basic benefits or benefits required to be increased with interest under the regulations must—

(a) in the case of a pension if it is then payable, be increased on the payment of the first instalment of the pension in the month of December or June by an amount equal to one-sixth of the prescribed percentage (if any) for the preceding half year of the pension for every whole month or part of a month during the preceding half year in respect of which a pension has been payable; or

(b) in the case of a pension or deferred benefit if for any reason it is not then payable, be notionally so increased as if then payable.

(3) If any increase in any pension is likely to jeopardise the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the Commonwealth, the Board on receipt of a request in writing from the former member may commute to a lump sum the increase in the pension on the terms and conditions as may from time to time be determined by the Board.

S. 47
repealed by No. 110/1993 s. 136.

S. 48 substituted by No. 81/1988 s. 38(d), amended by Nos 110/1993 s. 137, 43/1998 s. 42(6), 52/1998 s. 311(Sch. 1 item 97.2), substituted by No. 40/2010 s. 103.

48 Payment of benefits if person is incapable of managing financial affairs

(1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.

(2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.

(3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to—

(a) the person's guardian or administrator; or

(b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants—

until the Board determines that the person is capable of managing his or her financial affairs.

S. 49 amended by No. 49/1992 s. 107(a)–(c), substituted by No. 70/2003 s. 39.

49 Assignment or charging of interest

S. 49(1) amended by No. 37/2007 s. 53(1).

(1) Subject to subsection (2) and subsection (3), an interest of a member or beneficiary in a benefit under this Act—

(a) must not be in any way assigned, charged, attached or passed by operation of law to any other person; and

(b) is not an asset for the payment of any debt or liability.

(2) Subsection (1) does not apply to or in respect of any assignment, charge, payment or transfer permitted expressly or by necessary implication by this Act.

S. 49(3) inserted by No. 37/2007 s. 53(2).

(3) If on the death of a member or former member the Board is satisfied that there is no personal representative, the Board may pay any money payable to the member or former member or to his or her estate to a person the Board considers appropriate in the circumstances.

S. 49(4) inserted by No. 37/2007 s. 53(2).

(4) For the purposes of subsection (3), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 49A inserted by No. 40/2004 s. 46.

49A Power to recover

The Board may recover contributions or any other amount payable to the Board under this Act, including where there is paid from the Fund to any person an amount, the whole or part of which the person is not entitled to receive under this Act, the amount to which the person is not entitled, as a civil debt due to the Board in any court of competent jurisdiction.

50 Payment of benefits

Unless otherwise determined by the Board any pension or benefit under this Act is payable in Australian currency at the office of the Board.

S. 50A inserted by No. 102/1995 s. 32, amended by No. 36/2019 s. 15.

50A Payment of lump sum benefits

If a lump sum benefit to which a person is entitled is not paid on the date on which the person becomes entitled to the lump sum benefit, the person is entitled to receive interest at the rate prescribed for the purposes of section 35(1)(a) from the date of entitlement until the lump sum benefit is paid.

51 Minors

A minor has the same capacity as a person of full age to do anything for the purposes of this Act.

52 Regulations

(1) The Governor in Council may, after the consideration of a report from the Board, make regulations not inconsistent with this Act prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular—

(a) where under this Act a member may make any election or choice, and the time within which it may be made is not stated in the Act—prescribing the time within which it must be made and the conditions upon which it may be made; and

(b) specifying how contributions are to be calculated and how and when they are to be paid; and

(c) the classification or re-assessment of classification of members and the actuarial principles to be used and the alteration of any benefits as a result of that classification or re-assessment; and

(d) prescribing forms to be used for the purposes of this Act.

S. 52(1A) inserted by No. 49/1992 s. 108, repealed by No. 4/1996 s. 126(d).

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances; and

(c) may impose penalties not exceeding five penalty units for a contravention of or an offence under the regulations; and

(d) may apply, adopt or incorporate (with or without modification)—

(i) the provisions of any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body whether as formulated, issued, prescribed or published at the time the regulations are made, or at any time before then; or

S. 52(2)(d)(ii) amended by No. 44/2014 s. 33(Sch. item 30(4)).

(ii) the provision of any Act of the Commonwealth or of another State or of a Territory or any matter contained in an Index published by the Commonwealth or of another State or of a Territory or any matter contained in an Index published by the Australian Bureau of Statistics or the provisions of any subordinate instrument under any of those Acts, whether wholly or partially or as amended by the regulations or as in force or published at a particular time or from time to time; and

(e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Board; and

(f) may confer powers or impose duties in connection with the regulations on the Board.

S. 52(3) amended by No. 78/2010 s. 24(Sch. 1 item 33.1).

(3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament.

S. 52(4) repealed by No. 78/2010 s. 24(Sch. 1 item 33.2).

S. 53 repealed by No. 120/1994 s. 73(3), new s. 53 inserted by No. 4/1996 s. 133.

53 Specified standards

(1) The Governor in Council may by Order in Council—

S. 53(1)(a) amended by No. 70/2003 s. 40(1).

(a) specify standards and conditions for the preservation of specified employer and member contributions and benefits; and

(b) specify the method, manner and form in which preserved contributions may be paid as a benefit; and

S. 53(1)(c) amended by No. 82/1996 s. 75.

(c) specify maximum fees and charges which the Board may impose on specified types of benefits; and

S. 53(1)(ca) inserted by No. 70/2003 s. 40(2).

(ca) specify processes and requirements in respect of the administration and operation of Part 7A; and

S. 53(1)(cb) inserted by No. 70/2003 s. 40(2).

(cb) specify the benefits and entitlements of non-members spouses under Part 7A; and

S. 53(1)(d) inserted by No. 82/1996 s. 75.

(d) specify the circumstances (other than death or disability) in which an application for an early release of benefits may be made; and

S. 53(1)(e) inserted by No. 82/1996 s. 75.

(e) specify the benefits in respect of which an application for an early release may be made; and

S. 53(1)(f) inserted by No. 82/1996 s. 75.

(f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.

(2) An Order in Council made under this section—

(a) must be published in the Government Gazette;

(b) takes effect on and from the date on which it is published or any later date of commencement as may be specified in the Order in Council;

(c) may apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the Order in Council is made.

S. 53(3) inserted by No. 70/2003 s. 40(3).

(3) Any Order in Council made before the enactment of the Superannuation Acts (Family Law) Act 2003 has force and effect as if it had been made under this section as amended by section 40(1) of that Act.

Pt 9 (Heading and ss 54–57) inserted by No. 95/2000 s. 20, repealed by No. 94/2005 s. 56.

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.

Minister's second reading speech—

Legislative Assembly: 14 April 1988

Legislative Council: 5 May 1988

The long title for the Bill for this Act was "A Bill to establish a Transport Superannuation Fund, to amend the Borrowing and Investment Powers Act 1987 and for other purposes.".

The Transport Superannuation Fund Act 1988 was assented to on 17 May 1988 and came into operation on 1 July 1988: Government Gazette 18 May 1988 page 1273.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Transport Superannuation Act 1988 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Superannuation Acts (Amendment) Act 1988, No. 81/1988

| Assent Date: | 20.12.88 | | Commencement Date: | Ss 35–38 on 20.12.88: s. 2(3) |

Transport (Amendment) Act 1989, No. 44/1989

| Assent Date: | 6.6.89 | | Commencement Date: | S. 41(Sch. 2 item 43) on 1.7.89: s. 2(1) |

Accident Compensation (General Amendment) Act 1989, No. 64/1989

| Assent Date: | 29.9.89 | | Commencement Date: | S. 36(6) on 1.7.90: Government Gazette 21.2.90 p. 518 |

Superannuation Acts (Miscellaneous Amendments) Act 1990, No. 72/1990

| Assent Date: | 4.12.90 | | Commencement Date: | Pt 5 (ss 12–15) on 19.12.90: Government Gazette 19.12.90 p. 3751 |

Superannuation (Occupational Superannuation Standards) Act 1992, No. 49/1992 (as amended by No. 120/1994)

| Assent Date: | 30.6.92 | | Commencement Date: | 30.6.92: Special Gazette (No. 31) 30.6.92 p. 2 |

Transport (Amendment) Act 1992, No. 85/1992

| Assent Date: | 24.11.92 | | Commencement Date: | Ss 1, 2 on 24.11.92; rest of Act on 1.12.92: Special Gazette (No. 65) 1.12.92 p. 1 |

Superannuation (Public Sector) Act 1992, No. 87/1992

| Assent Date: | 26.11.92 | | Commencement Date: | Pt 1 (ss 1, 2) on 26.11.92; rest of Act on 27.11.92: Special Gazette (No. 63) 27.11.92 p. 1 |

Superannuation (Compliance) Act 1993, No. 54/1993

| Assent Date: | 8.6.93 | | Commencement Date: | Ss 1, 2, 10, 13 on 8.6.93; rest of Act (except s. 4(4)) on 1.7.92: s. 2(2); s. 4(4) on 1.7.93: s. 2(3) |

Public Sector Superannuation (Administration) Act 1993, No. 110/1993

| Assent Date: | 30.11.93 | | Commencement Date: | Ss 131–134, 136, 137 on 30.11.93: s. 2(1); ss 129, 130, 135 on 1.1.94: s. 2(6) |

Medical Practice Act 1994, No. 23/1994

| Assent Date: | 17.5.94 | | Commencement Date: | S. 118(Sch. 1 items 58.1–58.3) on 1.7.94: Government Gazette 23.6.94 p. 1672 |

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

| Assent Date: | 31.5.94 | | Commencement Date: | S. 4(Sch. 2 item 94) on 1.1.95: Government Gazette 28.7.94 p. 2055 |

Superannuation Acts (Amendment) Act 1994, No. 58/1994

| Assent Date: | 15.6.94 | | Commencement Date: | S. 9 on 15.6.94: s. 2(1) |

Superannuation Acts (Further Amendment) Act 1994, No. 120/1994

| Assent Date: | 20.12.94 | | Commencement Date: | S. 79(1) on 30.6.92: s. 2(3); s. 78 on 1.1.94: s. 2(6); s. 70 on 1.7.94: s. 2(7A); ss 71–77 on 20.12.94: s. 2(1) |

Superannuation Acts (General Amendment) Act 1995, No. 64/1995

| Assent Date: | 27.6.95 | | Commencement Date: | S. 42 on 1.7.95: s. 2(2) |

Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995

| Assent Date: | 5.12.95 | | Commencement Date: | S. 32 on 5.12.95: s. 2(1) |

Superannuation Acts (Amendment) Act 1996, No. 4/1996

| Assent Date: | 18.6.96 | | Commencement Date: | Ss 124, 126–130 on 31.5.96: s. 2(11); s. 125 on 19.12.95: s. 2(7); s. 132 on 18.6.96: s. 2(1); ss 131, 133 on 30.6.96: s. 2(12) |

Superannuation Acts (Further Amendment) Act 1996, No. 82/1996

| Assent Date: | 23.12.96 | | Commencement Date: | Ss 71–75 on 1.1.97: s. 2(4) |

Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997

| Assent Date: | 11.6.97 | | Commencement Date: | Ss 17, 18(6) on 11.6.97: s. 2(1) |

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

| Assent Date: | 26.5.98 | | Commencement Date: | S. 42(6) on 18.4.98: s. 2(3) |

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

| Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

| Assent Date: | 2.6.98 | | Commencement Date: | S. 311(Sch. 1 items 97.1, 97.2) on 1.7.98: Government Gazette 18.6.98 p. 1512 |

Superannuation Acts (Amendment) Act 1998, No. 84/1998

| Assent Date: | 17.11.98 | | Commencement Date: | Ss 51–56 on 17.11.98: s. 2(1) |

Government Superannuation Act 1999, No. 8/1999

| Commencement Date: | S. 53 on 1.7.99: s. 2(1) |

Public Sector Reform (Further Amendment) Act 1999, No. 12/1999

| Commencement Date: | S. 4(Sch. 2 item 18) on 11.5.99: s. 2(1) |

Superannuation Acts (Further Amendment) Act 1999, No. 13/1999

| Commencement Date: | S. 17 on 11.5.99: s. 2(1) |

Superannuation Acts (Amendment) Act 2000, No. 29/2000

| Assent Date: | 30.5.00 | | Commencement Date: | Ss 17, 18 on 31.5.00: s. 2(1) |

Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000

| Assent Date: | 5.12.00 | | Commencement Date: | S. 20 on 6.12.00: s. 2(1); s. 21 on 1.7.01: s. 2(6) |

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

| Assent Date: | 12.6.01 | | Commencement Date: | S. 5(Sch. 3 item 7) on 23.8.01: Government Gazette 23.8.01 p. 1927 |

Transport (Further Amendment) Act 2001, No. 54/2001

| Assent Date: | 2.10.01 | | Commencement Date: | S. 38 on 30.6.03: s. 2(5) |

Superannuation Acts (Family Law) Act 2003, No. 70/2003

| Assent Date: | 14.10.03 | | Commencement Date: | S. 40(1) on 30.6.96: s. 2(2); ss 35–39, 40(2)(3) on 15.10.03: s. 2(1) |

Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004

| Assent Date: | 8.6.04 | | Commencement Date: | Ss 41–46 on 9.6.04: s. 2(1) |

Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004

| Assent Date: | 9.11.04 | | Commencement Date: | Ss 16, 17 on 10.11.04: s. 2(1) |

Public Administration Act 2004, No. 108/2004

| Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 210) on 5.4.05: Government Gazette 31.3.05 p. 602 |

Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005

| Assent Date: | 29.11.05 | | Commencement Date: | Ss 51–56 on 1.12.05: s. 2 |

Health Professions Registration Act 2005, No. 97/2005

| Assent Date: | 7.12.05 | | Commencement Date: | S. 182(Sch. 4 item 52) on 1.7.07: s. 2(3) |

Superannuation Legislation Amendment (Contribution Splitting and Other Matters) Act 2007, No. 37/2007

| Assent Date: | 14.8.07 | | Commencement Date: | Ss 46–53 on 15.8.07: s. 2 |

Relationships Act 2008, No. 12/2008

| Assent Date: | 15.4.08 | | Commencement Date: | S. 73(1)(Sch. 1 item 61) on 1.12.08: s. 2(2) |

Superannuation Legislation Amendment Act 2008, No. 43/2008

| Assent Date: | 26.8.08 | | Commencement Date: | S. 22 on 27.8.08: s. 2 |

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

| Assent Date: | 10.2.09 | | Commencement Date: | S. 37(Sch. 1 item 27) on 1.12.09: s. 2(2) |

Superannuation Legislation Amendment Act 2009, No. 38/2009

| Assent Date: | 30.6.09 | | Commencement Date: | Ss 32–34 on 1.7.09: s. 2(1) |

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

| Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 57) on 1.7.10: s. 2(2) |

Superannuation Legislation Amendment Act 2010, No. 40/2010

| Assent Date: | 30.6.10 | | Commencement Date: | Ss 98–103 on 1.7.10: Government Gazette 1.7.10 p. 1359 |

Subordinate Legislation Amendment Act 2010, No. 78/2010

| Assent Date: | 19.10.10 | | Commencement Date: | S. 24(Sch. 1 item 33) on 1.1.11: s. 2(1) |

Superannuation Legislation Amendment Act 2013, No. 61/2013

| Assent Date: | 22.10.13 | | Commencement Date: | Ss 23, 24 on 1.7.14: s. 2(2) | | Current State: | This information relates only to the provision/s amending the Transport Superannuation Act 1988 |

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

| Assent Date: | 27.6.14 | | Commencement Date: | S. 33(Sch. item 30) on 30.6.14: s. 2(5) | | Current State: | This information relates only to the provision/s amending the Transport Superannuation Act 1988 |

Superannuation Legislation Amendment Act 2019, No. 36/2019

| Assent Date: | 22.10.19 | | Commencement Date: | S. 15 on 23.10.19: s. 2(1) |

Transport Legislation Amendment Act 2019, No. 49/2019

| Assent Date: | 3.12.19 | | Commencement Date: | S. 186(Sch. 4 item 44) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |

Superannuation Legislation Amendment Act 2025, No. 32/2025

| Assent Date: | 19.8.25 | | Commencement Date: | S. 15 on 1.3.26: s. 2(2) |

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3 Explanatory details

1. Ss 7–15:

S. 7 amended by No. 81/1988 s. 35(b)(c), repealed by No. 120/1994
s. 73(3).

S. 8 repealed by No. 120/1994 s. 73(3).

S. 9 amended by Nos 81/1988 s. 35(d), 49/1992 s. 98, 110/1993 s. 131, repealed by No. 120/1994 s. 73(3).

Ss 10–12 repealed by No. 120/1994 s. 73(3).

S. 13 amended by No. 49/1992 s. 99, repealed by No. 120/1994 s. 73(3).

S. 14 amended by No. 81/1988 s. 35(e), repealed by No. 120/1994 s. 73(3).

S. 15 repealed by No. 120/1994 s. 73(3). ↑

2. Ss 16–21:

S. 16 repealed by No. 4/1996 s. 127.

S. 17 amended by No. 72/1990 s. 14(a)(b), repealed by No. 4/1996 s. 127.

S. 18 repealed by No. 120/1994 s. 73(3).

Ss 19–21 repealed by No. 31/1994 s. 4(Sch. 2 item 94). ↑

3. S. 43: Section 36(7) of the Accident Compensation (General Amendment) Act 1989, No. 64/1989 provides as follows:

36 Amendment of superannuation provisions

(7) The Acts amended by this section apply, as so amended, in relation to amounts payable under those Acts on or after the commencement of this section. ↑