State Casual Employees Superannuation Bill · to establish a State Casual Employees Superannuation...

State Casual Employees Superannuation Bill

No.

TABLE OF PROVISIONS

PART 1-PRELIMINARY

Clause

1. Purpose. 2. Commencement. 3. Definitions. 4. Application of Act.

PART 2-STATE CASUAL EMPLOYEES SUPERANNUATION BOARD

5. State Casual Employees Superannuation Board. 6. Objectives and duties of the Board. 7. Membership of Board. 8. Term of office. 9. Vacancies on Board.

10. Deputies. 11. Removal or suspension of members. 12. Payment of members. 13. Procedure of Board. 14. Staff of the Board. 15. Delegation.

PART 3-STATE CASUAL EMPWYEES SUPERANNUATION FUND

16. State Casual Employees Superannuation Fund. 17. The Management Account. 18. Borrowing and Investment powers. 19. Accounts and records. 20. Annual report. 21. Audit. 22. Actuarial investigation.

PART 4-CONTRIBUTIONS

23. Contributions by employing authorities. 24. Contributions by existing contributors. 25. Lump sum contribution.

PART 5-BENEFITS

26. Retirement or retrenchment benefits for existing contributors. 27. Death benefits or disability retirement benefits for existing contributors. 28. Benefits on resignation of existing contributors. 29. Benefits for casual employees. 30. Benefit in the case of death or disability.

PART 6-GENERAL

31. Fund may be supplemented by the Consolidated Fund. 32. Board may require information for purposes of administering Act. 33. Powers of member of Board or authorised officer. 34. Question as to disability determined by Board on medical officer's report. 3-[23]-IOOO/3.11.l988-49909/88-(Revision No. 3) (921)

35. Members of approved superannuation schemes. 36. Beneficiaries' accounts. 37. Settlement of disputes. 38. Forfeiture of benefits. 39. Payment of benefits. 40. Minors. 41. Regulations. 42. Repeal and amendment. 43. Transfer to State Superannuation Fund.

By Authority Jean Gordon Government Printer Melbourne

LEGISLATIVE ASSEMBLY Read 10 2 November 1988

(Brought in by Mr Jolly and Mr Fordham)

A BILL to establish a State Casual Employees Superannuation Fund, to repeal

the Superannuation (Lump Sum Benefits) Act 1981, to amend the Borrowing and Investment Powers Act 1987 and for other purposes.

State Casual Employees Superannuation Act 1988

The Parliament of Victoria enacts as follows:

PART I-PRELIMINARY

Purpose.

1. The purpose of this A.ctis. to establish a State Casual Employees 5 Superannuation Fund to provide superannuation benefits to persons

employed in the public sector not otherwise entitled to superannuation benefits.

Commencement.

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

10 Definitions.

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3. In this Act"Actuary" means-

(a) the Government Actuary; or (b) a Fellow of the Institute of Actuaries of Australia

approved by the Treasurer. 3-[23]-I000/3.11.1988-49909/88-(RevisionNo.3)(921)

s.3 State Casual Employees Superannuation

"Annual salary", in relation to an employee, means-(a) the total salary received by the employee over the last

12 months of his or her employment; or (b) if the period of employment was less than 12 months,

the annual equivalent of salary received over the total 5 period of his or her employment.

"Annuity Account" means the Annuity Account established under section 10 of the Superannuation (Lump Sum Benefits) Act 1981.

"Board" means the State Casual Employees Superannuation 10 Board.

"Contributor" means a person who was a contributor under the Superannuation (Lump Sum Benefits) Act 1981.

"Dependant" means in relation to a deceased member or former member- 15 (a) the spouse or any child of the member or former

member; or (b) any other person who in the opinion of the Board was

at the date of death of the member or former member wholly or partially dependent on the member or former 20 member or who at that date had a legal right to look to the member or former member for financial support.

"Disability", in relation to a member, means the inability ofthe member before the age of 60 years due to a continuing or recurring injury, disease or infirmity to perform his or her 25 duties or 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.

"Employee" means any person-(a) employed under- 30

(i) the Public Service Act 1974; or (ii) the Teaching Service Act 1981; or

(iii) the Education Act 1958; or (iv) the Parliamentary Officers Act 1975-who is not an officer for the purposes of the State 35 Superannuation Act 1988; or

(b) employed by an employing authority who is not otherwise entitled to superannuation benefits as a result of his or her employment.

"Employing Authority" means any body created by or under 40 any Act or any other body that the Treasurer by instrument declares to be an employing authority for the purposes of this Act.

"Fund" means the State Casual Employees Superannuation Fund. 45

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State Casual Employees Superannuation

"Government Actuary" means the Government Statist under the Statistics Act 1958 in the capacity of Government Actuary.

"Member" means-5 (a) a contributor; or

(b) an employee.

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"Minimum age for retirement" means the age of 55 years. "Ordinary account" means an ordinary account established

under section 7 of the Superannuation (Lump Sum Benefits) Act 1981.

"Resignation" means the termination of service by a member other than by reason of death, disability or retrenchment before he or she has attained the minimum age for retirement.

"Retrenchment" means-(a) the compulsory termination of the service of a

contributor who has not attained the minimum age for retirement-(i) for the reason that in the opinion of the Board the

contributor's service or position is not necessary; or

(ii) for the reason that in the opinion of the Board the work for which the contributor was engaged is finished (except in the case of the expiration of a contracted period of service or the completion of a contracted task); or

(iii) for the reason that in the opinion ofthe Board the quantity of work has diminished and has rendered necessary a reduction in the number of employees; or

(b) the voluntary termination of service by a contributor who has not attained the minimum age for retirement which in the opinion of the Board is effected in anticipation of a compulsory termination as is referred to in paragraph (a).

"Salary", in relation to a contributor, has the same meaning as in the State Superannuation Act 1988.

"Salary", in relation to an employee, means all pecuniary emoluments payable to an employee other than allowances which are prescribed to be excluded.

"Service" means service or employment as a member within the meaning of this Act.

"Spouse" in relation to a deceased member or pensioner means the widow or widower of that member or pensioner.

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"Superannuation (Lump Sum Benefits) Act 1981" means the Superannuation (Lump Sum Benefits) Act 1981 as in force immediately before the commencement of section 42 (1).

"Superannuation Lump Sum Fund" means the Fund established under section 3 of the Superannuation (Lump Sum Benefits) 5 Act 1981.

Application of Act.

4. (1) Benefits under this Act are payable in accordance with this Act on and from 1 January 1988.

(2) A member who- 10 (a) is employed by an employing authority which commences

to contribute to the Fund before 1 July 1989; and

(b) for any reason left his or her employment on or after 1 January 1988 but before the commencement of this Act-

is entitled to apply before 1 January 1990 for benefits under this Act. 15 (3) For the purposes of this Act a member is to be taken to have

terminated his employment on the day which is two months or such other period as may be determined by the Board since he or she last performed any duties.

PART 2-8TATE CASUAL EMPLOYEES SUPEJlANNUATION 20 BOARD

State Casual Employees Superannuation Board.

S. (1) There is established a body corporate called the State Casual Employees Superannuation Board.

(2) The Board- 25 (a) has perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name; and (d) is capable of taking, purchasing, leasing, holding, selling,

exchanging and disposing of real and personal property for 30 the purposes of this Act; and

(e) may do and suffer all acts and things which a body corporate may by law do and suffer and which are necessary or expedient for the purposes of this Act.

(3) The common seal of the Board- 35 (a) can only be attached to a document if the Board so resolves;

and

(b) must be authenticated by the signature of 1 member of the Board and an officer authorised by the Board.

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Objectives and duties of the Board.

6. (1) The following are the objectives of the Board: (a) To collect contributions; (b) To manage and invest the Fund so as to maximize the

return earned on the Fund having regard to-(i) the need to provide for payments out of the Fund; and

(ii) the need to exercise reasonable care and prudence so as to maintain the integrity of the Fund;

(c) To administer the payment of benefits having due regard to the need for equity among members, pensioners and beneficiaries.

(2) It is the duty of the Board to-(a) establish policies in respect of the administration of this Act

and the investment of money standing to the credit of the Fund and to adopt strategies designed to achieve those policies; and

(b) determine, authorise or approve programs for the administration of this Act and the investment of money standing to the credit ofthe Fund; and

(c) ensure that the decisions and operations of the Board are directed towards achieving its objectives; and

(d) ensure that the Board has, or has access to, the skills, facilities and resources required to achieve its objectives; and

(e) subject to sub-section (3), inform members about the management and investment of the Fund including making available to members at least once in each year a summary of information relating to the management and investment of the Fund; and

(f) subject to sub-section (3), liaise with relevant industrial organisations concerning the interests of members and inform those organisations about the management and investment of the Fund; and

(g) ensure that the Board conducts its operations in an efficient manner.

35 (3) In performing its duties under sub-sections (2) (e) and (2) (f) the Board must have regard to the need to protect information the disclosure of which could adversely affect the financial position of the commercial or other operations of the Board.

(4) If the Treasurer at any time gives to the President-40 (a) a statement of government policy on any matter that is

relevant to the performance of the duties of the Board; and (b) a request that the Board consider that policy in the

performance of its duties-the Board must ensure that consideration is given to that policy.

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(5) The Board must publish any statement under sub-section (4) in its next annual report together with the results of its considerations.

Membership of Board.

7. (1) The Board is to consist of 5 members appointed by the Governor in Council. 5

(2) Of the persons appointed to the Board-(a) 1 must be a person nominated by the Treasurer to be the

President of the Board; and (b) 2 (of which 1 must be a female and 1 a male) must be

nominated by the Treasurer; and 10 (c) 2 must be elected by members ofthe Fund.

(3) Despite sub-section (2) the first members of the Board appointed under sub-section (2) (c)-

(a) are to be persons nominated by the Treasurer; and (b) are to be members of the Board until 31 December 1989, 15

unless section 9 applies.

(4) Elections for the purposes of this section must be held in accordance with the regulations.

(5) If there is no candidate at an election or no person is elected at an election, the Governor in Council may appoint a person to be a 20 member although that person has not been elected.

Term ef office.

S. (1) A member of the Board is to be appointed for a term not exceeding 5 years as is specified in the member's instrument of appointment. 25

(2) A member of the Board is eligible for re-appointment.

Vacancies on Board.

9. (1) A member of the Board ceases to be a member if that person-

(a) becomes bankrupt; or 30 (b) is absent, without leave first granted by the Board, from 3

consecutive meetings of which reasonable notice has been given to that member personally or by post; or

(c) attains the age of70 years; or (d) resigns his or her office by writing signed and addressed to 35

the Governor in Council; or (e) becomes permanently incapable of performing the duties of

office.

(2) If a member of the Board dies or otherwise ceases to be a member, the Governor in Council may appoint a person nominated or 40

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elected in the same manner as that member was nominated or elected to fill the vacancy for the remainder of the term of the vacant office.

(3) An election is not required under sub-section (2) if the remainder of the term is not more than 6 months.

Deputies.

10. (1) In the case of the illness, suspension or absence of the President or any other member ofthe Board, the Governor in Council may appoint a deputy to act for the President or member as the case may be during the illness, suspension or absence.

(2) A deputy has while acting as the President or a member the powers and authority of the President or member.

Removal or suspension of members.

11. A member of the Board may be removed or suspended from office by the Governor in Council for misbehaviour or incompetence while performing the duties of that person as a member.

Payment of members.

12. Each member of the Board is entitled to be paid remuneration as the Governor in Council fixes for each member from time to time.

Procedure of Board.

13. (1) Except as otherwise provided, all power&, duties and authorities of the Board may be exercised or performed at any meeting of the Board at which not less than 3 members are present.

(2) During any vacancy in the Board the continuing members may subject to there being a quorum act as ifthere were no vacancy.

(3) The Board may hold its meetings at any time and place it appoints and may adjourn a m~eting.

(4) The President must preside at all meetings of the Board at which the President is present.

(5) If the President is not present at any meeting of the Board, the member who is senior in order of date of first appointment must preside at the meeting.

(6) The President or other member presiding at any meeting of the Board has a deliberative vote only.

Staff of the Board.

35 14. (1) Subject to the approval of the Treasurer, the Board may-

(a) appoint a secretary and any other staff necessary for the purposes of this Act; and

(b) fix the salaries or other remuneration to be paid to them.

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(2) An employee of the Board who immediately before appointment as an employee was an officer within the meaning of the State Superannuation Act 1988 or a permanent employee within the meaning of the State Employees Retirement Benefits Act 1979 continues, subject to those Acts, during the term of office as an employee of the Board, to 5 be an officer or permanent employee within the meaning of those Acts.

Delegation.

15. The Board may, by an instrument of delegation under its common seal, delegate-

(a) to the President, a member of the Board ora member of the 10 staff of the Board or to any other person or corporation approved by the Treasurer for the purposes of this section, any power or duty of the Board under this Act, other than this power of delegation; or

(b) to the President, a member of the Board or a member of the 15 staff of the Board or to any other person or corporation approved by the Treasurer for the purposes of this section, any power or duty of the Board under the Borrowing and Investment Powers Act 1987.

PART 3-STATE CASUAL EMPWYEES SUPERANNUATION FUND 20

State Casual EapIoyees Superanation Fuod.

16. (1) There is established a State Casual Employees Superannuation Fund.

(2) Income derived from investment of the Fund forms part of the Fund. 25

(3) Unless otherwise provided in this Act, all assets coming into the possession of the Board form part of the Fund.

(4) All assets of the Superannuation Lump Sum Fund immediately before the commencement of this Act form part of the Fund.

The Management Account. 30 17. (1) The Board must keep an account called the Management

Account.

(2) The Board must credit to the Management Account any money appropriated from time to time by the Board from the Fund.

(3) The Board must debit to the Management Account- 35 (a) the remuneration paid to members ofthe Board; and (b) the salaries or other remuneration paid to persons employed

by the Board; and (c) the expenses (including rent paid for the use of premises)

which the Board incurs in administering the Fund and 40 carrying out its functions under this Act; and

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(d) any expenses incurred before this section comes into operation in connection with any arrangements to assist in establishing the Fund which are approved by the Treasurer.

Borrowing and investment powers.

5 18. The Board has the powers conferred on it by the Bo"owing and Investment Powers Act 1987.

Accounts and records.

19. (1) The Board must ensure that there are kept proper accounts and records of the transactions and affairs of the Board and any other

10 records as will sufficiently explain the financial operations and financial position of the Board.

(2) The Board must do all things necessary to-

(a) ensure that all money payable to the Board is properly collected; and

15 (b) ensure that all money expended by the Board is properly

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expended and properly authorised; and

(c) ensure that adequate control is maintained over assets . owned by or in the custody of the Board; and

(d) ensure that all liabilities incurred by the Board are properly authorised; and

(e) ensure efficiency and economy of operations and the avoidance of waste and extravagance; and

(f) develop and maintain an adequate budgeting and accounti:ng system; and

(g) develop and maintain an adequate internal audit system.

Annual report.

20. (1) The Board must, in respect of each financial year, prepare an annual report containing-

(a) a report of its operations during the financial year; and

(b) financial statements for the financial year-

and submit the report to the Treasurer not later than 30 November next following the financial year.

(2) The report of operations referred to in sub-section (l) (a) must

(a) be prepared in a form and contain information determined by the Board to be appropriate; and

(b) contain any further information required by the Treasurer.

(3) The financial statements referred to in sub-section (1) (a) must

(a) contain information determined by the Treasurer to be appropriate; and

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(b) be prepared in a manner and form approved by the Treasurer; and

(c) present fairly the results of the financial transactions of the Board during the financial year to which they relate and the financial position as at the end of that year; and 5

(d) be signed by the principal accounting officer (by whatever name called) of the Board and by the President and one other member of the Board who must-(i) state whether, in their opinion, the financial statements

present fairly the results of the financial transactions of 10 the Board during the financial year to which they relate and whether they sufficiently explain the financial position of the Board as at the end of the financial year; and

(ii) state whether, at the date of signing the financial 15 statements, they were aware of any circumstances that render any particulars included in the statements misleading or inaccurate and, if so, particulars of the circumstances; and

(e) be audited as required by section 21 (1). 20 (4) The Treasurer must cause each annual report submitted to the

Treasurer under this section to be laid before the Legislative Council and the Legislative Assembly before the expiration ofthe seventh sitting day ofthe Legislative Council or the Legislative Assembly, as the case may be, after the annual report has been received by the Treasurer. 25

(5) If the Board fails to submit an annual report to the Treasurer by 30 November in each year, the Treasurer must report or cause to be reported that failure and the reasons for the failure to each House of the Parliament.

(6) This section does not apply to the Board if, as a result of an 30 order made under the Annual Reporting Act 1983, the Board is required to submit an annual report under that Act.

Audit.

21. (1) The financial statements referred to in section 20 must be audited by the Auditor-General. 35

(2) The Auditor-General has, in respect of the audit of those financial statements, all the powers conferred on the Auditor-General by any law relating to the audit of the public accounts.

(3) Without limiting the generality of sub-section (2), the Auditor-General and each officer ofthe Auditor-General- 40

(a) has right of access at all times to the books of the Board; and

(b) may require from a member of staff of the Board any information, assistance and explanations necessary for the

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performance of the duties of the Auditor-General in relation to the audit.

(4) The Board must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of any audit by the Auditor-General under this section.

Actuarial investigation.

22. Despite the repeal of the Superannuation (Lump Sum Benefits) Act 1981 section 16 of that Act continues to apply in respect of the Annuity Account.

PART 4-CONTRIBUTIONS

ContributiOAs by employing authorities.

23. (1) With the approval of the Treasurer the Board may determine the contributions to be paid into the Fund by each employing authority.

(2) Contributions under sub-section (1) may be calculated-

15 (a) as percentages of salaries of employees; or

(b) as proportions of benefits; or

(c) in any combination of the methods specified in paragraphs (a) and (b).

C .. trittutioas by existiDg contributors.

20 24. A contributor must contribute to the Fund at the rate of 5 per

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cent of salary.

Lamp S1UB contribution.

25. The Board may accept a transfer of money or other assets from a superannuation arrangement approved by the Treasurer by instrument for the purposes of this section.

PART 5-BENEFITS

Retirement or retrenchment benefits for existing cootritNtul's.

26. (1) In this section "contributor" includes a former contributor.

(2) A contributor on retirement at any time after attaining the age of 55 years or retrenchment is entitled to the payment of an amount equal to two and one-half times the amount in the contributor's ordinary account.

(3) If a payment is made under sub-section (2) the Treasurer must pay into the Fund one and one-half times the amount that is in the contributor's ordinary account immediately prior to the contributor becoming entitled to that payment.

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(4) A contributor may in lieu of receiving the amount to which the contributor is entitled under sub-section (2) elect to convert the whole or any part ofthat amount to an annuity.

(5) Any amount that the contributor elects to convert to an annuity must be transferred into the Annuity Account. 5

(6) The contributor may agree with the Board to receive-

(a) an annuity payable during life; or

(b) an annuity payable until the death of the survivor of all or any of the following: (i) The contributor; 10

(ii) The children ofthe contributor; (iii) The spouse of the contributor; or

(c) an annuity for a term certain; or

(d) an annuity for a term certain and thereafter during the contributor's life or payable until the death of the survivor 15 ofall or any of the following: (i) The contributor;

(ii) The children of the contributor; (iii) The spouse of the contributor.

(7) The amount payable by way of annuity under sub-section (6) is 20 to be determined by the actuary.

(8) Any agreement made between the contributor and the Board may be subject to any terms and conditions which are agreed between the Board and the contributor.

(9) Without limiting the generality of sub-section (8) the Board 25 may agree-

(a) where the contributor has agreed to receive an annuity for a term certain, to pay on the death of the contributor to the contributor's legal personal representative an amount equal to the present value of the annuity for the unexpired portion 30 of the term certain at the date of the contributor's death calculated at a discount rate as determined by the actuary; and

(b) where the contributor has agreed to accept an annuity payable in respect of more than one life, that the annuity is 35 payable at different rates during the period of the annuity.

Death benefits or disability retirement benefits for existing contributors.

27. (1) Where a contributor dies or the Board determines that a contributor is unable by reason of disability to perform his or her duties 40 and that contributor ceases to be employed prior to or within 6 months ofthat determination or any other period fixed by the Board there is to

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be paid to that contributor or his or her estate an amount equal to two and one-half times the amount in the contributor's ordinary account.

(2) Ifa payment is made under sub-section (1) the Treasurer must pay into the Fund one and one-half times the amount in the contributor's ordinary account immediately prior to that payment.

(3) The Board must not make a determination under this section whilst a contributor is on leave without payor during the period of 12 months immediately after the contributor has resumed duty after a period of leave without pay unless the Board is satisfied that the disability arose while the contributor was not on leave without pay.

(4) Where a contributor claims payment of an amount out of the Fund under sub-section (1) he or she must supply medical evidence and submit to any medical examination by a legally qualified medical practitioner as the Board determines.

Benefits on resignation of existing contributors.

28. Where a person ceases to be a contributor and is not entitled to the payment of an amount under section 26, 27 or 43, the contributor must receive the amount in the contributor's ordinary account.

Benefits for casual employees.

29. (1) Except in the case of death or disability, an employee is entitled to a benefit equal to the sum of-

(a) 3 per cent of salary received by the employee from time to time; and .

(b) any money received by the Board for the employee under section 25; and

(c) interest at the rate determined by the Board and published in the Government Gazette-

less the cost of death and disability benefits as determined by the Board and Commonwealth charges.

(2) The benefit is payable-

(a) if an employee ceases to be employed by an employing authority at or after the age of 55, immediately upon ceasing to be employed; or

(b) if an employee ceases to be employed by an employing authority before the age of 55, immediately upon attaining the age of 55.

(3) If the benefit payable to an employee who ceases to be employed by an employing authority before the age of 55 is equal to less than 10 per cent of annual salary, he or she may request that his or her benefit be paid in cash on resigq.ation.

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Benefit in the case of death or disability.

30. (1) In the case of death or disability, the benefit is equal to

(a) the benefit under section 29; and (b) 3 per cent of annual salary multiplied by the number of

years including fractions for completed months from the 5 date of death or termination of employment on account of disability until age 60.

(2) The benefit under sub-section (1) is payable in the case of the termination of employment on account of disability of the employee, to the employee. 10

(3) In the case of the death of the employee-(a) the benefit under sub-section (1) is payable to his or her

dependants; or

(b) ifthere are no dependants, the benefit under sub-section (1) (a) is payable to his or her personal representative. 15

PART 6-GENERAL

Fund may be supplemented by the Consolidated Fund.

31. If the amount to the credit of the Fund is at any time insufficient to meet the benefits authorised to be paid out of the Fund, money to meet the insufficiency may from time to time be issued and applied out 20 of the Consolidated Fund which is to the necessary extent appropriated accordingly.

Board may require information for purposes of administering Act.

32. (1) The Board may at any time require-(a) the chief administrator of any administrative unit or any 25

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 30 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, of that person; or

(b) any member or person entitled to or claiming to be entitled 35 to a benefit to furnish any returns and information (including the report of any legally qualified medical practitioner) as the Board may require for the purposes of this Act.

(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 40 the report relates information contained in the report of a legally

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qualified medical practitioner given to the Board under sub-section (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 sub-section (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.

Powers of member of Board or authorised officer.

33. A member of the Board or any officer authorised in writing by the Board may at any reasonable hour enter into and upon any premises of an employing authority for the purposes of inspecting and examining records relating to employees or former employees of that employing authority or relating to persons entitled to or receiving benefits.

Question as to disability determined by Board on medical officer's report.

34. (1) If any question arises as to whether a member is unable by reason of disability to perform his or her duties the question is to be determined by the Board (whether before or after the termination of employment of the member), after considering, among other things, a report from a legally qualified medical practitioner appointed by the Board as a medical officer for the purposes of this Act.

(2) After the Board receives a report from the medical officer 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 second report from-

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

(b) if the member and the Board do not agree, a legally qualified medical practitioner appointed by the Treasurer.

Members of approved superannuation schemes.

35. (1) In this section "scheme of superannuation" means a scheme for the administration of any assets with the object of providing superannuation payments, annuities, pensions, allowances, lump sum payments or other benefits for members or former members or for the spouses, children, dependants or legal personal representatives of members or former members.

(2) The Governor in Council, on the recommendation of the Treasurer, may by Order published in the Government Gazette declare a scheme of superannuation to be an approved superannuation scheme for the purposes of this section.

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(3) Despite anything to the contrary in this Act a member who becomes eligible to be a member of an approved superannuation scheme may within 3 months of becoming eligible or any further periods as the Board may determine elect to cease to contribute in accordance with this Act. 5

(4) A person ceasing to be a member under sub-section (3) is entitled to a deferred retirement benefit calculated and payable in accordance with the Superannuation (Portability) Act 1988.

Beneficiaries' accounts.

36. (1) In this section"beneficiary" means a person who is entitled under this Act to a

lump sum payment. "beneficiary's account" means an account with the Board in the

name of the beneficiary.

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(2) A beneficiary may elect to defer the payment of part or all of 15 that lump sum payment and require the Board to transfer the deferred payment to a beneficiary's account.

(3) If all or part of a lump sum payment to which a beneficiary is entitled is not paid within 21 days of the beneficiary becoming entitled to it, the beneficiary is to be taken to have elected under sub-section (2) 20 to defer the payment of that lump sum payment or that part of the lump sum payment (as the case requires) on the date on which the beneficiary became entitled to the payment.

(4) The balance of a beneficiary's account accrues interest at the rate determined by the Board having regard to the net earning rate of 25 the Fund.

(5) The balance of a beneficiary's account is payable to the beneficiary or the legal representative of the beneficiary (as the case requires)-

(a) at the request of the beneficiary; or 30 (b) on the death of the beneficiary; or (c) on the beneficiary attaining the age of65 years

whichever occurs first.

Settlement of disputes.

37. (1) Any dispute under this Act must be determined in the first 35 place by the Board.

(2) Any person aggrieved by a decision of the Board may apply to the Administrative Appeals Tribunal for a review of the decision.

Forfeiture of benefits.

38. If where a person who would ordinarily be entitled to receive 40 benefits-

(a) is bankrupt; or

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(b) is for any reason unable personally to receive or enjoy the whole or any portion of any money which would ordinarily be payable to him or her or is in the opinion of the Board incapable of managing his or her affairs-

that person ceases to have any right to those benefits.

(2) The Board is released from any liability to pay those benefits to any person but the Board may in its discretion pay and apply from the Fund a sum or sums not exceeding in all the amount which would ordinarily be payable to that person for the benefit of that person and his or her dependants or any of them.

Payment of benefits.

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

15 Minors.

20

25

30

35

40

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

Regulations.

41. (1) The Governor in Council may, after consideration of a report from the Board, make regulations prescribing all matters required or permitted to be prescribed or necessary 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 holding of elections and extraordinary elections of members' representatives for appointment to the Board; and

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

(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)-

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(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 5

(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 Commonwealth 10 Statistician 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 15

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

(j) may confer powers or impose duties in connection with the regulations on the Board. 20

Repeal and amendment.

42. (1) The Superannuation (Lump Sum Benefits) Act 1981 is repealed.

(2) Unless the context otherwise requires any reference to the Superannuation (Lump Sum Benefits) Act 1981 in any Act, regulation, 25 subordinate instrument or other document is to be construed as a reference to the State Casual Employees Superannuation Act 1988.

(3) The repeal of the Superannuation (Lump Sum Benefits) Act 1981 does not affect the entitlement to and the payment of any annuity payable under that Act immediately before the commencement of this 30 Act.

(4) In the Borrowing and Investment Powers Act 1987 in Schedule 1 and Schedule 3 before "State Employees Retirement Benefits Board" insert "State Casual Employees Superannuation Board".

Transfer to State Superannuation Fund.

43. (1) A contributor may until 31 December 1989 elect to transfer to the State Superannuation Fund.

(2) The Board must transfer to the State Superannuation Fund the balance of the ordinary account of each contributor who elects to transfer

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to the State Superannuation Fund. 40

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(3) After section 52 (2) (/) of the State Superannuation Act 1988 insert:

";and (g) 15 per cent of the final salary of the new scheme member

who elected to transfer under section 43 of the State Casual Employees Superannuation Act 1988 for each year of his or her contributory service under that Act.".

By Authonty Jean Gordon Government Pnnter Melbourne

s.43

State Casual Employees Superannuation Bill · to establish a State Casual Employees Superannuation...

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