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 of Board substituted by No. 120/1994 s. 73(1), repealed by No. 8/1999 s. 53(1)(a), new def.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 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) registereddomestic relationship has the same meaning as in the RelationshipsAct2008; 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.