reg 1Objective
The objective of these Regulations is to specify certain requirements and conditions for the purposes of the operation of the State Superannuation Act 1988.
The objective of these Regulations is to specify certain requirements and conditions for the purposes of the operation of the State Superannuation Act 1988.
These Regulations are made under section 92 of the State Superannuation Act 1988.
These Regulations come into operation on
23 June 2018.
The State Superannuation Regulations 2008[1] are revoked.
In these Regulations—
Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
child adolescent and family welfare officer means—
an employee of—
the Department of Health and Human Services; or
the former Office of Corrections who was transferred by Administrative Arrangements Order (No. 8) 1983—
who, prior to 3 July 1998, has been employed in one or more of the classifications specified in Schedule 1, or in a classification deemed by the Board as equivalent; or
an employee of the Department of Health and Human Services who, prior to 3 July 1998, was employed at Baltara Reception Centre in one or more of the classifications specified in Schedule 1, or at a classification deemed by the Board as equivalent;
custodial officer means an employee of Corrections Victoria or the Department of Justice and Regulation who, prior to 3 July 1998, is or has been employed in one or more of the classifications specified in Schedule 2, or a classification deemed by the Board to be equivalent;
fire-fighter means an officer or employee of the Department of Environment, Land, Water and Planning or Parks Victoria who the Board is satisfied can demonstrate a substantial involvement in fire-fighting, either directly or in a support role;
the Act means the State Superannuation Act 1988.
For the purposes of the definition of fire-fighter in subregulation (1), the Board may be satisfied that an officer or employee can demonstrate a substantial involvement in fire-fighting, either directly or in a support role, if the Secretary to the Department of Environment, Land, Water and Planning gives the Board a certificate that the officer or employee has a substantial involvement in fire-fighting, either directly or in a support role.
A certificate issued by the Secretary for the purposes of the definition of fire‑fighter as in force immediately before the commencement of the State Superannuation (Amendment) Regulations 2006 continues to have effect while the person in respect of whom it was issued—
has a substantial involvement in fire‑fighting, either directly or in a support role; and
is an officer or employee of the Department of Environment, Land, Water and Planning or Parks Victoria.
For the purposes of paragraph (b) of the definition of minimum age for retirement in section 3(1) of the Act, the minimum age for retirement is 50 years or the age (not later than 55 years) at which the required years of recognised service (if any) are completed for the following class of members—
a custodial officer who has completed not less than 5 years of recognised service as a custodial officer;
a fire-fighter who has completed not less than 10 years of recognised service as a fire‑fighter;
a police officer other than the Chief Commissioner of Police;
a child adolescent and family welfare officer who has completed not less than 5 years of recognised service in direct care delivery as a child adolescent and family welfare officer.
For the purposes of subregulation (1)(d), recognised service may include the performance of duties deemed by the Board as equivalent at Allambie Reception Centre if that service was performed immediately prior to becoming a child adolescent and family welfare officer.
For the purposes of paragraph (e) of the definition of salary in section 3(1) of the Act, salary includes—
an additional amount of remuneration paid for performing shift work which is—
for custodial officers, 15 per cent of salary as otherwise determined by the Board; or
for officers other than custodial officers, calculated according to the Schedule of shift allowances approved by the Board and published from time to time in the Government Gazette provided that—
for the purposes of calculating benefits under section 33, 44, 46, 52, 57, 58 or 83A of the Act, the shift work has been performed for not less than 3 years immediately prior to the date at which the benefits become payable or would but for absence when the officer has received weekly payments under the Accident Compensation Act 1985 or absence on approved leave or temporary performance of alternative duties at the request of the employing authority for less than 12 months have been performed for not less than 3 years immediately prior to the date at which the benefits become payable; and
any additional contributions paid in respect of shift allowances by a member who becomes eligible for benefits under section 33, 44, 46, 52, 57, 58 or 83A of the Act, without having completed 3 years of shift work immediately prior to the date at which the benefits become payable, shall be refunded with interest calculated in accordance with regulation 9; and
any commuted allowance that is payable during periods of recreation leave and long service leave.
For the purposes of section 4(1) of the Act, the following superannuation schemes are prescribed—
any superannuation scheme established and maintained by an Act of Victoria or any other State, the Commonwealth, a Territory or the governing body of any authority constituted under any Act of Victoria or any other State, the Commonwealth or a Territory;
the Superannuation Scheme for Australian Universities or its successor fund;
the Tertiary Education Superannuation Scheme or its successor fund.
For the purposes of sections 46(1) and 58(1) of the Act—
the amount of contributions and interest as at 30 June 1987 is calculated using the factors in Schedule 3; and
the additional annual rates of interest to be applied from 1 July 1987 to 30 June 1988 and from 1 July to 30 June in subsequent years is the annual rate of interest published by the Board in the Government Gazette in respect of that year.
Under section 39(3) of the Act, a revised scheme member or pensioner who is or was a custodial officer or a child adolescent and family welfare officer may elect to convert to a lump sum payment not more than the greater of—
50 per cent of the pensioner's fortnightly pension entitlement; or
the proportion that is equal to 25 per cent of the pensioner's final fortnightly salary—
together with the same proportion of the fortnightly pension entitlement of the partner, provided that the lump sum does not exceed the equivalent entitlement obtained by converting 100 per cent of the fortnightly pension entitlement.
If the Board has fixed a day under section 50(5) of the Act as the day on which a new scheme member may elect to change their rate of contribution, the new scheme member may advise the Board of their election at any time during the period of 3 months before that day.
Contributions that are deducted from the after-tax salaries of contributors, and other money payable to the Board, must be paid by the employing authority on the appropriate pay day by the direct crediting of those amounts to a bank account nominated by the Board or in any other manner approved by the Board.
Particulars in writing of the contributions and other money comprising the amount of payment must be provided by the employing authority to the Board on the day that the payment is made.
Any variation in the amount of contributions normally paid to the Board on any pay day must be explained in writing to the Board by the employing authority showing the changes that have occurred in the deductions from the contributor's after-tax salaries.
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