Emergency Services Superannuation Act 1986

VersionNo. 071

Emergency Services Superannuation Act 1986

No. 94 of 1986

Version incorporating amendments as at
1 April 2014

table of provisions

SectionPage

1

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ADeclaration of eligible salary sacrifice contributors

4Application of Act

4APayment of contributions by employers

4AAEligible protective services officer may make election

4BEffect of Act

4CGuarantee of no detriment

4DReview of decision

Part 2—Emergency Services Superannuation Board

5Establishment of Board

6Objectives and duties of Board

6AFunctions and powers of the Board

7Membership of the Board

8Vacancies on Board

9Deputies—elected members

9ADeputies—nominated members

10Suspension and removal of members

11Payment of members

12Procedure of the Board

12AResolutions without meetings

12BImproper use of information

12CCommittees of the Board

12DPecuniary interests of members of the Board

13Chief Executive Officer

13AStaff

14Delegation

Part 3—Emergency Services Superannuation Scheme

15Establishment of Scheme

17Borrowing and investment powers

17AInvestment funds

17BGroup accounts

18Management Account of the Board

19Actuarial investigation of the Scheme

Part 3AA—Contributions and Benefits

20Scheme may be supplemented by Consolidated Fund

20AContributions

20BMembership

20CAccrued benefits

20DRetirement of contributor

20EDeath of contributor or police recruit

20FDisability of contributor or police recruit

20GTemporary pension for illness or injury

20HTermination due to ill health

20IIndexation of pensions

20JRetrenchment of contributor

20KOther termination of service of contributor

20LRestriction of death and disability benefits

20MOptional contributions during leave of absence

20NLegal personal representatives

20NARegistration of names of dependants

20ODeath benefit when no dependants

20PPayment of benefits in case of multiple claimants

20PAEntitlements in respect of returning members who are operational staff members

20QSeparate employer accounts

20RRemittance of contributions

20SMinimum Requisite Benefit

Part 3A—ESSPLAN Scheme

21Definitions

21AESSPLAN Scheme

21BMembership of ESSPLAN

21CEmployer contributions

21DMember's contributions for ESSPLAN

21EAmount and payment of benefits under ESSPLAN

21FDisability and death cover under ESSPLAN

21FAOptional additional disability and death cover under ESSPLAN

21GDisability and death insurance under ESSPLAN

21HAmount and payment of disability or death benefits

21IMember's accounts for ESSPLAN

21IAContribution splitting

21JBeneficiaries Accounts

21JASpouse Accounts

21JBOptional disability and death cover for eligible spouses

21KInvestment funds

21LNet earning rate

21MRoll over or transfer of preserved benefit

21NTransfer to or from new scheme

21ORoll over or transfer of benefits to other fund

Part 4—Transfer from other Superannuation Funds

22Pensions for former contributors to other funds

22ATransfer of assets and liabilities of Police Pensions Fund
and Police Superannuation Fund

22BTransfer of assets in respect of VEISF beneficiaries

22CProvisions relating to transferred beneficiaries

22DCommutation of pension not exceeding declared rate

Part 4AA—Transfer of the State
Superannuation Fund and Transfer of Administration of the MTA Superannuation
Fund and Related Matters

22DADefinitions

22DBTransfer of assets and liabilities of the State
Superannuation Fund

22DCBoard is successor in law

22DDExemption from stamp duty or other tax

22DETransitional provision—Registrar of Titles

Part 4AB—Transfer of Administration of
Declared Public Sector Superannuation
Schemes

22DFApplication of this Part

22DGDeclaration of administered schemes

22DHBoard is successor in law

22DIConflict between duties, functions and powers

22DJMatters which may be included in Order in Council

22DKGeneral provisions relating to Orders in Council

22DLExemption from stamp duty or other tax

22DMTransitional provision—Registrar of Titles

Part 4AC—Transfer of the Parliamentary Contributory Superannuation Fund and
Related Matters

22DNDefinitions

22DOTransfer of assets and liabilities of the Parliamentary Contributory Superannuation Fund

22DPBoard is successor in law

22DQExemption from stamp duty or other tax

22DRTransitional provision—Registrar of Titles

22DSActuarial investigation

22DTScheme may be supplemented by Consolidated Fund

Part 4A—Family Law Provisions

22EDefinitions

22EAAccrued benefit multiple

22FObligation on Board

22GReduction of benefit or accrued benefit entitlement

22HBoard may provide additional information

22ICharging of fees

Part 5—Review of Decisions of Board

23Person may request Board to reconsider decision

Part 6—General

23AAPayment of benefits subject to specified standards

23AApplication for disability benefit

24Medical issues

25Disclosure of contents of medical reports

25ATaxation on benefits

25AANo detriment provision

25BSurcharge debt account

25CCommutation of pension to meet surcharge liability

26Assignment or charging of interest

26AEarly release of benefits

27Money owing to the Scheme

27AUnpaid lump sum benefits

28Minors

28APayment of benefits if person is incapable of managing
financial affairs

29Board may require information

29ASpecified standards

Part 7—Regulations

31Regulations generally

32Regulations under this Act

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

VersionNo. 071

Emergency Services Superannuation Act 1986

No. 94 of 1986

Version incorporating amendments as at
1 April 2014

1

Part 3AA—Contributions and Benefits

Emergency Services Superannuation Act 1986
No. 94 of 1986

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 amendedby No.94/2005 s.3 (ILA s.39B(1)).

1Purpose

(1)The purpose of this Act is to establish an Emergency Services Superannuation Board and Scheme to provide superannuation benefits for persons employed in the emergency services.

S. 1(2) insertedby No.94/2005 s.3.

(2)In addition to the purpose specified in subsection(1), the purpose of this Act as amended by the Superannuation Legislation (Governance Reform) Act 2005 is to—

(a)re-constitute the Board and empower the Board to administer public sector superannuation schemes; and

(b)improve the administration of public sector superannuation schemes.

2Commencement

This Act comes into operation on 1 January 1987.

S. 3 amendedby No.27/2001 s.5(Sch.3 item2.2) (ILA s.39B(1)).

3Definitions

(1)In this Act—

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

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

S. 3(1) def. of adjusted total contributions inserted by No. 82/1996 s.6(1).

adjusted total contributions means the sum of—

s. 3

(a)the total contributions (other than optional contributions under section 20M made after 31 December 1987) which would have been made by a contributor under the Scheme if the salary of the contributor had always been equal to the salary of the contributor at the date of termination of service; and

(b)a percentage of salary at the date of termination of service of the contributor determined by the Board having regard to the period of membership and contributions under a prior fund and any benefits paid to the contributor from a prior fund; and

(c)a percentage of salary at the date of termination of service of the contributor determined by the Board having regard to any money or other assets transferred from an approved superannuation arrangement;

S. 3(1) def. of administered scheme insertedby No.94/2005 s.4(1).

administered scheme means—

(a)the MTA Superannuation Fund; and

(b)a public sector superannuation scheme which is declared to be an administered scheme under section 22DG;

S. 3(1) def. of appointed day insertedby No.94/2005 s.4(1).

appointed day, in respect of an administered scheme within the meaning of paragraph (b) of the definition of "administered scheme", means the appointed day specified in the Order in Council made under section 22DG in respect of the transfer of the administered scheme;

approved superannuation arrangement means a superannuation arrangement which has been approved by the Minister;

S. 3(1) def. of benefit amendedby No.94/2005 s.4(2).

benefit means any amount paid or payable by the Board out of the Schemeunder this Act;

s. 3

Board means Emergency Services Superannuation Board;

S. 3(1) def. of Chief Executive Officer insertedby No.94/2005 s.4(1).

Chief Executive Officer means the Chief Executive Officer of the Board appointed to be the Chief Executive Officer under section13 or a person appointed to act as the Chief Executive Officer under that section;

S. 3(1) def. of child insertedby No.27/2001 s.5(Sch.3 item2.1(a)).

child in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit means a child of the person or the person's partner other than any child born more than 10 months after the person's death who is—

(a)under 18 years of age; or

(b)between the age of 18 and 25 years and in the opinion of the Board is a full-time student;

S. 3(1) def. of complying super-annuation fund
inserted by No. 4/1996 s.3(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 consumer price index inserted by No. 82/1996 s.6(1).

consumer price index means the all groups consumer price index number for all Capital Cities published by the Commonwealth Statistician in respect of the June and December quarter for each year;

s. 3

S. 3(1) def. of contributor substituted by No. 84/1998 s.3, amendedby No.94/2005 s.4(3).

contributor means an employee who will be, is, or has been, liable to contribute to the Scheme under Part 3AA with respect to the entitlement to benefits under that Scheme;

S. 3(1) def. of current equivalent of salary on termination of service inserted by No. 82/1996 s.6(1), amended by No. 29/2000 s.3(1).

current equivalent of salary on termination of service means the salary (in accordance with section 4(1E)(f)) that the Board determines, having regard to increases in salary that have occurred since the termination of service of the former contributor or former police recruit, as being equivalent to the salary that was payable to the contributor or police recruit immediately prior to termination of service;

S. 3(1) def. of dependant inserted by No. 82/1996 s.6(1), amended by No.27/2001 s.5(Sch.3 item2.1(b)).

dependant means in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit—

(a)the partner or any child of the contributor or former contributor or member or former member or police recruit or former police recruit; or

(b)any other person who in the opinion of the Board was at the date of death of the contributor or former contributor or member or former member or police recruit or former police recruit, wholly or partially dependent on the contributor or former contributor or member or former member or police recruit or former police recruit or who at that date had a legal right to look to the contributor or former contributor or member or former member or police recruit or former police recruit for financial support;

S. 3(1) def. of disability inserted by No. 4/1996 s.3(c), amended by No. 82/1996 s.6(2).

disabilitymeans—

s. 3

(a)if a disability benefit insurance policy is in force in respect of a member, disability as defined in or for the purposes of that policy; or

(b)in any other case, the inability of a contributor or member before the age of 60 years or of a police recruit due to a continuing or recurring injury, disease or infirmity to ever—

(i)perform his or her duties; and

(ii)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—

s. 3

as determined by the Board on the basis of reports provided by at least 2registered medical practitioners appointed by the Board;

S. 3(1) def. of domestic partner insertedby No.27/2001 s.5(Sch.3 item2.1(a)), substituted by No. 12/2008 s.73(1)(Sch. 1 item 19.1), amended by No.4/2009 s.37(Sch.1 item 12.1).

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 beneficiary insertedby No.43/2008 s.3, amendedby No.61/2013 s.12(a).

eligible beneficiary means a person who is entitled to a benefit under a Superannuation Act (other than this Act or Part 3 of the Parliamentary Salaries and Superannuation Act 1968) or an administered scheme;

S. 3(1) def. of eligible protective services officer insertedby No.38/2009 s.3(1).

eligible protective services officer means a person who was appointed as a protective services officer during the period commencing on or after 1 January 1994 and ending on the day on which section 3 of the Superannuation Legislation Amendment Act 2009 comes into operation;

S. 3(1) def. of eligible salary sacrifice contributor insertedby No.94/2005 s.4(1).

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

S. 3(1) def. of employee amended by Nos 50/1988 s.93(2)(Sch. 2 Pt2 item 15), 81/1988 s.3(a)(i)–(iv), 72/1990 s. 17, 58/1994 s.10(a)–(c), 82/1996 s.20(1)(2), 38/1998 s.15(a), 94/2005 s.4(4), 38/2009 s.3(2)(a), 40/2010 s.3(a).

employee means a person who is—

(a)an officer or other member of the police force of Victoria under the Police Regulation Act 1958; or

(b)a member of the Retired Police Reserve of Victoria under section 103(3) of the Police Regulation Act 1958 who has not, on retirement (on grounds other than disability) at the age of 50 or over, become entitled to a benefit under the State Superannuation Act 1988 or this Act; or

(ba)a protective services officer; or

s. 3

(c)an officer or employee of the Metropolitan Fire Brigades Board or a member of the Metropolitan Fire Brigades Board appointed under section7(1) of the Metropolitan Fire Brigades Act 1958; or

(d)a person appointed by the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or a member of the Country Fire Authority appointed under section 7 of that Act; or

(e)an officer of the Department of Sustainability and Environment or Department of Primary Industries who is a permanent officer who is employed full time in operational fire protection duties and is declared or is within a class of persons which are declared for the purposes of this Act by the Minister by notice published in the Government Gazette; or

(f)an employee of Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 or any other ambulance service declared for the purposes of this Act by the Minister by notice published in the Government Gazette; or

(g)a person employed by the Boardbefore 1 December 2005 or in accordance withsection 13 or 13A or to which section 13A(3)(b) applies; or

(h)a person referred to in paragraph (a), (b), (ba), (c), (d), (e), (f) or (g) who has resigned or has 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

(i)an employee within the meaning of the Commonwealth Superannuation Guarantee (Administration) Act 1992 not being a person whose eligibility to be a member would but for this paragraph be determined by the application of paragraph (e) or (h);

employer means the employer of—

s. 3

(a)an employee; or

(b)a police recruit;

S. 3(1) def. of governing body insertedby No.94/2005 s.4(1).

governing bodymeans the person or body administering a public sector superannuation scheme but does not include the Board;

S. 3(1) def. of governing instrument insertedby No.94/2005 s.4(1).

governing instrumentmeans the Act, regulations, by-law, trust deed or other document whatsoever or any combination of such documents by or under which a public sector superannuation scheme is established or maintained;

S. 3(1) def. of illhealth inserted by No. 82/1996 s.6(1).

ill health means a continuous or recurring impairment of the health of a contributor which is due to a physical or mental incapacity, bodily injury, illness or disease, which in the opinion of the Board—

s. 3

(a)is not a disability; and

(b)is likely to be adversely affected if the contributor remains in his or her employment or returns to employment with an employer; and

(c)does not preclude the contributor from seeking alternative employment; and

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

S. 3(1) def. of nominee inserted by No. 82/1996 s.6(1), amendedby No.70/2003 s.3.

nominee means in relation to a deceased contributor or former contributor—

(a)any person nominated by the contributor as a legal personal representative under section 20N(1); or

(b)any person deemed to be a contributor's legal personal representative under section 20N(3); or

(c)any person over the age of 18 years who is not in the opinion of the Board a full-time student and to whom the contributor has been the natural or adoptive parent.

S. 3(1) def. of occupational super-annuation standards inserted by No. 49/1992 s.33, repealedby No. 4/1996 s.3(d).

*****

S. 3(1) def. of operational staff member inserted by No. 82/1996 s.6(1), amended by Nos38/2009 s.3(2)(b)(c), 40/2010 s.3(b).

operational staff member means a contributor who is or has been during any period of service in respect of which benefits may become payable under the Scheme—

(a)a member of the Victoria Police who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a member of the Victoria Police and who has taken and subscribed an oath under section 13 of the Police Regulation Act 1958;

(ab)subject to section 4(7C), a protective services officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a protective services officer and who has taken and subscribed an oath under section 118C of the Police Regulation Act 1958;

(b)an employee of the Department of Sustainability and Environment or Department of Primary Industries;

s. 3

(c)any employee within the meaning of paragraphs (c), (d) and (f) of the definition of employee who is declared or is within a class of persons which are declared for the purposes of this Act by the Minister by notice published in the Government Gazette and is designated by an employer as an operational staff member;

s. 3

(d)any other employee (other than an employee within the meaning of paragraphs (a), (e) and (g) of the definition of "employee") who is designated by an employer as an operational staff member and who is approved as such by the Board;

S. 3(1) def. of Parliamentary Contributory Super-annuation Fund inserted by No. 61/2013 s.12(c).

Parliamentary Contributory Superannuation Fund means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary Salaries and Superannuation Act 1968and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013;

S. 3(1) def. of partner insertedby No.27/2001 s.5(Sch.3 item2.1(a)), substituted by No. 40/2010 s.4(1).

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

S. 3(1) def. of part-time contributor inserted by No. 82/1996 s.6(1).

part-time contributor means a contributor employed on a permanent basis which requires less than full-time service;

S. 3(1) def. of pensioner amended by No. 82/1996 s.20(3).

pensionermeans a person receiving a pension under this Act;

police recruit means a person employed under section 8A of the Police Regulation Act 1958;

S. 3(1) def. of prior fund inserted by No. 82/1996 s.6(1).

prior fund means—

(a)the Superannuation Fund operated under the Superannuation Act 1958; or

s. 3

(b)the Police Pensions Fund operated under the Police Regulation Act 1958; or

(c)the Metropolitan Fire Brigades Superannuation Fund operated under the Metropolitan Fire Brigades Superannuation Act 1976; or

(d)the Hospitals Superannuation Fund operated under the Hospitals Superannuation Act 1965; or

(e)the State Superannuation Fund operated under the State Superannuation Act 1988;

S. 3(1) def. of protective services officer insertedby No.38/2009 s.3(1).

protective services officer means a person appointed under section 118B of the Police Regulation Act 1958;

S. 3(1) def. of public sector super-annuation scheme insertedby No.94/2005 s.4(1).

public sector superannuation schememeans a scheme for the payment of superannuation, retirement or death benefits which is established or maintained—

(a)by or under an Act; or

(b)by a public authority, statutory body, body corporate or other body constituted by or under an Act;

s. 3

S. 3(1) def. of retrenchment inserted by No. 82/1996 s.6(1).

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

S. 3(1) def. of returning member insertedby No.43/2008 s.3.

returning member means a person who—

(a)was as an officer or other member of the police force of Victoria under the Police Regulation Act 1958; and

(b)is re-appointed under a fixed term agreement as an officer or other member of the police force of Victoria under the Police Regulation Act 1958;

S. 3(1) def. of salary inserted by No. 82/1996 s.6(1).

salary means—

(a)the amount, computed as determined by the Board, of the annual rate of remuneration for the time being payable periodically and regularly to a contributor or a police recruit by an employer excluding any expense of office or uniform allowance, reimbursement of travelling or other incidental expenses and all other allowances which would not ordinarily be payable in respect of every pay period in a year of employment or during the training of the police recruit; or

(b)in the case of a contributor who is engaged under a contract of employment, salary means the salary for superannuation purposes specified from time to time in that person's contract of employment, notified in writing by that contributor's employer to the Board and which is approved by the Board;

Scheme means Emergency Services Superannuation Scheme;

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

specified standards means standards specified under section 29A;

s. 3

S. 3(1) def. of spouse inserted by No. 82/1996 s.6(1), substituted by No.27/2001 s.5(Sch.3 item2.1(c)).

spouseof 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 insertedby No.94/2005 s.4(1).