Version No. 080
State Employees Retirement Benefits Act
1979
No. 9363 of 1979
Version incorporating amendments as at
16 January 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
2A
1
Short title
Definitions
Declaration of eligible salary sacrifice contributors
PART III—CONTRIBUTIONS
20
21
21A
21B
21C
22
22A
23
24
24A
25
25A
25B
1
1
15
19
Part-time and intermittent service
Permanent employees to be members and contributors
Provision as to continuity of membership
Provision preventing re-calculation of benefits in certain cases
Reduction of qualifying period for becoming a permanent
employee
Circumstances in which a member will cease to be a
contributor
Members of approved superannuation schemes
Rate of contributions
Contributions deducted from salary
Eligible member account
Payments to the Board
Board to certify amount where employer fails to pay
Interest on monies owing to Board
PART IV—PENSIONS AND BENEFITS
26
27
Definition of minimum wage
Member to furnish personal statement to Board and to undergo
medical examination
32
Submission of information and medical examination
33
Entitlement to benefits
34
Retrenchment
34A Election by retrenched member
i
19
21
24
26
26
27
28
30
34
40
42
43
43
45
45
45
46
46
48
48
Section
Page
34AB
Exempt officers
34B Employer to pay into Fund
34C Interest on money payable by employer
35
Resignation
36
Resignation on grounds of disability
37
Resignation benefits
38
Deferred retirement benefits
39
Amount of lump sum and pension on retirement
40
Calculation of benefit where less than 42 years employment
41
Retirement between the ages of 60 and 65 years
41A Pensioner may apply for reduced pension and lump sum
payment
42
Conversion of part of pension entitlement to lump sum
payment entitlement
43
Automatic adjustment of pensions
43A Prescribed rate
43B Registration of names of adult children
44
Benefits for partner, children and adult children on death of
member before retirement
45
Benefits for partner, children and adult children on death of
pensioner
46
Board's discretion to determine qualifying partners
47
Pension to child or adult child if no surviving partner
48
Payments for children and adult children where partner dies
49
Pension payable for life except in certain cases
50
Pensions payable fortnightly
51
Where pensioner re-employed by Crown pension may be
reduced
51A Entitlement to pension
52
Definition of partial disability pensioner
53
Disability benefits
54
Board to make determination as to entitlement to disability
benefits
55
Disability benefit entitlements
56
Board may review condition of recipient of disability benefits
57
Payments at age 65 and on death before age 65 of a partial
disability pensioner
58
Increase of benefits
59
Discontinuance of benefits
60
Where Board determines pensioner able to undertake
employment
60A Disability pensioner retiring due to ill health
62
Recipient of disability benefits not to make contributions
63
Board to receive medical report when determining question
of disability
63A Disclosure of contents of medical reports
65
Minimum benefits
ii
48
49
49
50
50
50
52
54
54
59
60
60
61
63
63
64
67
70
71
72
72
73
73
75
76
76
76
77
80
81
83
83
84
85
86
87
87
88
Section
Page
65A Commutation of pension not exceeding declared rate
66
Amount of gratuity to be deducted
PART IVA—FAMILY LAW PROVISIONS
66AA
66AB
66AC
66AD
66AE
66AF
66AG
Definitions
Accrued benefit multiple
Obligation on Board
Reduction of benefit or accrued benefit entitlement
Board may provide additional information
Commutation rights not affected
Charging of fees
PART V—GENERAL
91
92
93
93
96
96
99
100
100
100
102
66A
67
68
68A
Payment of benefits subject to specified standards
Review of decisions of the Board
Early release of benefits
Permanent employees may be required to transfer etc.
assets etc.
68B Information to be supplied
68C Transfer of assets to Board
68D Board to have power to deal with policies
68E Board may pay administrator
68F Board may open accounts etc.
68G Member to receive amount in account on ceasing to be
employed
68H On retirement balance of account additional to lump sum
entitlement
69
Power of Board to acquire information about contributors
for purposes of administering the Act
69A Continued application of member classification provisions
70A Assignment or charging of interest
70B Payment of benefits if person is incapable of managing
financial affairs
71
Power to recover
72
Regulations
73
Specified standards
74C Taxation on benefits
74CA
Surcharge debt account
74CB
Recovery of surcharge where person entitled to deferred
benefit
74CC
Commutation of pension to meet surcharge liability
74D Payment of lump sum benefits
75
Transfer to State Superannuation Fund or Transport
Superannuation Fund
76
Provisions relating to certain water authorities
iii
102
102
103
104
104
105
105
105
105
106
106
106
107
108
108
109
109
111
113
116
119
120
121
121
122
Section
77
78
Page
Provision relating to change of employment
Provisions relating to transfer of assets and liabilities
_______________
124
125
SCHEDULE 1—Lump sum factors
126
SCHEDULE 2
127
═══════════════
ENDNOTES
128
1. General Information
128
2. Table of Amendments
129
3. Explanatory Details
137
iv
Version No. 080
State Employees Retirement Benefits Act
1979
No. 9363 of 1979
Version incorporating amendments as at
16 January 2014
An Act to constitute a State Employees Retirement Benefits
Board, to make Provision for the Administration by the Board of
a State Employees Retirement Benefits Fund and for other
purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
PART 1—PRELIMINARY
1 Short title
This Act may be cited as the State Employees
Retirement Benefits Act 1979.
2 Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
Actuary means a fellow or accredited member of
the Institute of Actuaries of Australia
approved by the Minister;
1
Pt 1 (Heading)
inserted by
No. 8/1999
s. 50(1)(a).
S. 1
amended by
No. 10258
s. 10(a).
S. 2
amended by
No. 81/1988
s. 22(2)(a).
S. 2(1) def. of
Actuary
substituted by
Nos 10258
s. 10(b)(i),
4/1996
s. 91(1)(a).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
S. 2(1) def. of
adjusted final
salary
amended by
No. 9978
s. 2(a),
substituted by
No. 110/1993
s. 150(1).
adjusted final 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
365

B
1
where—
"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;
2
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
adult child has the same meaning as in
section 43B(1);
S. 2(1) def. of
adult child
inserted by
No. 40/2010
s. 45.
Board means the Emergency Services
Superannuation Board established under
section 5 of the Emergency Services
Superannuation Act 1986;
S. 2(1) def. of
Board
inserted by
No. 120/1994
s. 43(1),
repealed by
No. 8/1999
s. 50(1)(b),
new def. of
Board
inserted by
94/2005
s. 27(1)(a).
child in relation to a person means a child of
himself or herself or of his or her partner
other than any child born more than
10 months after his or her death who is—
S. 2(1) def. of
child
inserted by
No. 120/1994
s. 39(a),
amended by
No. 27/2001
s. 5(Sch. 3
item 4.1(b)).
(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 fulltime student;
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;
3
S. 2(1) def. of
complying
superannuation
fund
inserted by
No. 4/1996
s. 91(1)(b).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
S. 2(1) def. of
contract
officer
inserted by
No. 87/1992
s. 17(1)(a) (as
amended by
No. 97/1993
s. 46(2)(a)),
substituted by
No. 120/1994
s. 41(1)(a),
amended by
Nos 46/1998
s. 7(Sch. 1),
108/2004
s. 117(1)
(Sch. 3
item 186.1).
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
(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. 2(1) def. of
contributor
substituted by
No. 94/2005
s. 27(1)(b).
contributor means a member who is liable to
make contributions under section 23;
S. 2(1) def. of
disability
inserted by
No. 10258
s. 10(b)(ii),
amended by
Nos 49/1992
s. 79(1)(a),
23/1994 s. 118
(Sch. 1 item
53.1(a)),
substituted by
No. 120/1994
s. 40.
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;
4
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
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. 2(1) def. of
domestic
partner
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.1(a)),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 57.1),
amended by
No. 4/2009
s. 37(Sch. 1
item 22.1).
eligible contribution means the Government cocontribution 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. 2(1) def. of
eligible
contribution
inserted by
No. 78/2004
s. 12.
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. 2(1) def. of
eligible
member
inserted by
No. 78/2004
s. 12.
eligible member account means the account
established under section 24A;
S. 2(1) def. of
eligible
member
account
inserted by
No. 78/2004
s. 12.
eligible salary sacrifice contributor means a
member in respect of whom a declaration is
in force under section 2A;
S. 2(1) def. of
eligible salary
sacrifice
contributor
inserted by
No. 40/2004
s. 21.
5
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
S. 2(1) def. of
employee
amended by
Nos 9400
s. 3(a), 9478
s. 2(a)(b), 9657
s. 2, 9921
s. 255, 9978
s. 3(1), 10258
s. 10(b)(iii)
(A)–(D),
58/1987
s. 11(1)(a)(i)
(A)–(D),
50/1988
s. 93(2)(Sch. 2
Pt 2 item 53)
(as amended
by No.
81/1988
s. 34(g)(h)),
87/1992
s. 17(1)(b) (as
amended by
No. 97/1993
s. 46(2)(a)),
50/1997 s. 11,
46/1998
s. 7(Sch. 1),
12/1999
s. 4(Sch. 2
item 12.1),
108/2004
s. 117(1)
(Sch. 3
item 186.2).
employee means1—
(a) any person in the service or
employment of the Road Construction
Authority other than—
(i) an officer within the meaning of
the interpretation of Officer in
section 3(1) of the State
Superannuation Act 1988;
(ii) a person who declines or has
declined to become an officer
pursuant to that interpretation;
(b) any employee or person or class of
employees or persons (other than
Associates to Judges of the Supreme
Court or Judges of the County Court)
employed pursuant to the Public
Administration Act 2004 other than—
(i) a person who is an officer within
the meaning of the State
Superannuation Act 1988; or
(ii) a member of a class of persons
who are officers within the
meaning of that Act;
(c) any person who is not an officer within
the meaning of the State
Superannuation Act 1988 who holds
any office—
(i) under the Crown; or
6
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
(ii) as a member or of a class of
persons who are members or in
the service or employment of any
body created by or under any Act
of Parliament—
to which person or office or class of
persons the Governor in Council, on the
recommendation of the Minister, by
Order published in the Government
Gazette declares that the provisions of
this Act shall apply;
*
*
*
*
*
(e) any person who is not an officer within
the meaning of the State
Superannuation Act 1988 or any
member of a class of persons who are
not officers within the meaning of that
Act in the service or employment of
any body that the Governor in Council,
on the recommendation of the Minister,
by Order published in the Government
Gazette, declares to be a body to which
this paragraph applies to which person
or class of persons the Governor in
Council on the recommendation of the
Minister, by Order published in the
Government Gazette declares that the
provisions of this Act shall apply; or
(f) 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
7
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
(ii) any paragraph of the definition of
officer in section 3(1) of the State
Superannuation Act 1988; or
(iii) any paragraph of the definition of
employee in section 3(1) of the
Transport Superannuation Act
1988—
but does not include an exempt officer;
S. 2(1) def. of
employer
amended by
No. 10258
s. 10(b)(iv).
employer means any person or any public
statutory body constituted under the law of
the State of Victoria who employs under a
contract of employment an employee under
this Act and includes any person or body
approved for the purposes of section 33(3);
S. 2(1) def. of
exempt officer
inserted by
No. 87/1992
s. 17(1)(c) (as
amended by
No. 97/1993
s. 46(2)(a)),
substituted by
No. 120/1994
s. 41(1)(b),
amended by
Nos 46/1998
s. 7(Sch. 1)),
108/2004
s. 117(1)
(Sch. 3
item 186.3).
exempt officer means—
S. 2(1) def. of
expense
allowance
inserted by
No. 10258
s. 10(b)(v).
expense allowance means an allowance payable
periodically which is designated as an
expense allowance or an expense of office
allowance or is in fact an allowance which is
granted to an employee in respect of
(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
employer to the Board is in force; or
(b) a contract officer whose employer
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;
8
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
expenses which are normally and properly
incurred by the employee in carrying out his
or her duties;
S. 2(1) def. of
Fund
substituted by
Nos 4/1996
s. 91(1)(c),
94/2005
s. 27(1)(c).
Fund means the Scheme established under
section 15 of the Emergency Services
Superannuation Act 1986;
*
*
*
*
*
ill health means a continuous or recurring
impairment of the health of a member which
is due to a physical or mental incapacity,
bodily injury, illness or disease, which in the
opinion of the Board—
S. 2(1) def. of
Government
Actuary
inserted by
No. 10258
s. 10(b)(vi),
repealed by
No. 4/1996
s. 91(1)(d).
S. 2(1) def. of
ill health
inserted by
No. 102/1995
s. 18,
amended by
No. 4/1996
s. 91(2).
(a) is not a disability; and
(b) is likely to be adversely affected if the
member remains in his or her
employment or returns to employment
with the former employer; and
(c) does not preclude the member from
seeking alternative employment; and
(d) has not been incurred or inflicted for
the purpose of obtaining a benefit;
joining date means such day, not being a day
earlier than the day the Order is made under
this section, on which the provisions of this
Act are expressed to apply to any officer,
employee or person or class of officers,
employees or persons by an Order;
9
S. 2(1) def. of
joining date
inserted by
No. 9400 s. 2.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
Member includes contributor and former
contributor;
S. 2(1) def. of
occupational
superannuation
standards
inserted by
No. 49/1992
s. 79(1)(b),
repealed by
No. 4/1996
s. 91(1)(d).
*
*
*
*
*
S. 2(1) def. of
partner
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.1(a)),
substituted by
No. 40/2010
s. 46(1).
partner of a person means the person's spouse or
domestic partner;
S. 2(1) def. of
pensioner
inserted by
No. 9978
s. 12(1).
pensioner means a person receiving or presently
entitled to receive a pension under this Act;
S. 2(1) def. of
permanent
employee
substituted by
No. 9478
s. 2(c),
amended by
No. 9978
s. 2(b),
substituted by
No. 58/1987
s. 11(1)(a)(ii).
permanent employee means an employee who has
been in the employment of an employer for a
period of twelve months or such lesser
period as may be specified by the employer;
prescribed means prescribed by this Act or by
regulations made under this Act;
10
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
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. 2(1) def. of
registered
medical
practitioner
inserted by
No. 23/1994
s. 118(Sch. 1
item 53.1(b)),
amended by
No. 97/2005
s. 182(Sch. 4
item 47),
substituted by
No. 13/2010
s. 51(Sch.
item 51).
resign means cease to be an employee before
attaining the age of 55 years other than on
account of disability, death or retrenchment;
S. 2(1) def. of
resign
inserted by
No. 10258
s. 10(b)(vii).
RSA means a retirement savings account within
the meaning of the Commonwealth
Retirement Savings Accounts Act 1997;
S. 2(1) def. of
RSA
inserted by
No. 40/2004
s. 20(1).
salary means the annual rate, computed as
determined by the Board on the basis of a
year, of pecuniary emoluments payable
periodically and regularly to an employee for
the performance of the duties of his grade of
employment as such employee but does not
include a recreation leave allowance or an
expense allowance or payments for overtime
or in the form of bonuses, or for travelling
allowances or for incidental expenses or
payments of a temporary character;
S. 2(1) def. of
salary
amended by
No. 10258
s. 10(b)(viii).
service means continuous service or employment
as a permanent employee within the meaning
of this Act and in relation to any qualifying
period of service includes any service or
employment on any permanent staff or in
any office to which this Act relates in
S. 2(1) def. of
service
amended by
No. 9400
s. 3(b).
11
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
addition to service or employment as such a
permanent employee;
S. 2(1) def. of
specified
standards
inserted by
No. 4/1996
s. 91(1)(e).
specified standards means standards specified
under section 73;
S. 2(1) def. of
spouse
inserted by
No. 120/1994
s. 39(b),
substituted by
No. 27/2001
s. 5(Sch. 3
item 4.1(c)).
spouse of a person means a person to whom the
person is, or was at the time of the person's
death, married;
S. 2(1) def. of
State Superannuation
Fund
inserted by
No. 94/2005
s. 27(1)(d).
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. 2(1) def. of
superannuation
system
inserted by
No. 37/2007
s. 18.
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. 2(1) def. of
surchargeable
contributions
inserted by
No. 29/2000
s. 12.
surchargeable contributions means the
surchargeable contributions of a contributor
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;
12
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
surcharge debt account means, in relation to a
person who is or has been a contributor, the
surcharge debt account kept for that person
(while he or she was a contributor) under
section 74CA;
surcharge deduction amount means, in relation to
a person—
(a) who is or has been a contributor; and
(b) to or in respect of whom benefits
become payable under this Act—
S. 2(1) def. of
surcharge
debt account
inserted by
No. 29/2000
s. 12.
S. 2(1) def. of
surcharge
deduction
amount
inserted by
No. 29/2000
s. 12.
the surcharge deduction amount that is
specified in a determination made by the
Board under section 74CA in relation to the
person;
*
*
*
*
*
S. 2(1) def. of
Treasurer
repealed by
No. 46/1998
s. 7(Sch. 1).
(2) A reference in this Act to periods of service or
membership in years includes fractions for any
completed months and days.
S. 2(2)
inserted by
No. 81/1988
s. 22(2)(b),
amended by
No. 49/1992
s. 79(2).
(3) For the purposes of the definition of salary in
subsection (1)—
S. 2(3)
inserted by
No. 87/1992
s. 17(2) (as
amended by
No. 97/1993
s. 46(2)(b)),
substituted by
No. 120/1994
s. 41(2).
(a) in the case of a person referred to in
paragraph (a) 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 employer to the Board; or
13
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2
(b) subject to paragraph (c), 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 in that person's contract of
employment and notified in writing by the
employer to the Board; or
S. 2(3)(b)
amended by
Nos 120/1994
s. 42(1)(2),
74/2000
s. 3(Sch. 1
item 115.1).
S. 2(3)(c)
inserted by
No. 120/1994
s. 42(2),
amended by
No. 24/2006
s. 6.1.2(Sch. 7
item 37.1).
S. 2(4)
inserted by
No. 87/1992
s. 17(2) (as
amended by
No. 97/1993
s. 46(2)(b)).
(c) if a person to whom paragraph (b) applies is
a member of the Principal Class within the
meaning of the Education and Training
Reform Act 2006, the salary specified for
the purposes of paragraph (b) must not
exceed 823 percent of that person's
remuneration package.
(4) For the purposes of the definition of salary in
subsection (1), if a member's salary is reduced
then, unless the officer agrees in writing that the
reduced salary applies, salary means the greater
of—
(a) the salary of the member immediately before
the reduction; or
(b) the actual salary.
S. 2(5)
inserted by
No. 8/1999
s. 50(2),
repealed by
No. 94/2005
s. 27(2).
S. 2(5A)
inserted by
No. 70/2003
s. 12.
*
*
*
*
*
(5A) A person cannot become a member on or after the
commencement of section 72 of the Public Sector
Superannuation (Administration) Act 1993.
14
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2A
(6) For the purposes of the definition of domestic
partner in subsection (1)—
S. 2(6)
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.2),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 57.2).
(a) registered domestic relationship has the
same meaning as in the Relationships Act
2008; and
S. 2(6)(a)
amended by
No. 4/2009
s. 37(Sch. 1
item 22.2(a)).
(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. 2(6)(b)
amended by
No. 4/2009
s. 37(Sch. 1
item 22.2(b)).
(7) The definition of partner as substituted by section
46(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.
2A 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
15
S. 2(7)
inserted by
No. 40/2010
s. 46(2).
S. 2A
inserted by
No. 40/2004
s. 22.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part 1—Preliminary
s. 2A
(b) a class of members to be eligible salary
sacrifice contributors from the date specified
in the notice.
_______________
16
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
s. 3
*
*
*
*
*
*
*
*
*
*
S. 3
amended by
No. 10258
s. 10(c)(i)(ii),
repealed by
No. 120/1994
s. 43(3).
*
*
*
*
*
S. 3A
inserted by
No. 10258
s. 10(d),
amended by
Nos 49/1992
s. 80(1)(2),
4/1996
s. 92(1),
46/1998
s. 7(Sch. 1),
84/1998
s. 41(1)(2),
repealed by
No. 8/1999
s. 50(1)(c).
*
*
*
*
*
Ss 4–11
repealed.2
17
Pt 1 (Heading)
amended by
No. 120/1994
s. 43(2),
repealed by
No. 8/1999
s. 50(1)(d).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
s. 12
*
*
*
*
*
Ss 12–17
repealed.3
*
*
*
*
*
Pt 2
(ss 18, 19)
amended by
Nos 10258
s. 10(i)(i)(ii),
49/1992 s. 83,
82/1996 s. 52,
46/1998
s. 7(Sch. 1),
8/1999
s. 50(1)(e),
repealed by
No. 94/2005
s. 28.
*
*
*
*
*
Pt 2 (Heading)
repealed by
No. 4/1996
s. 93.
18
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 20
PART III—CONTRIBUTIONS
20 Part-time and intermittent service
(1) Subject to this section and section 21, this Act
shall apply to and include a permanent employee
who is employed on a basis which requires him to
render—
S. 20(1)
amended by
Nos 9978
s. 4(1), 10258
s. 10(j)(i).
(a) part-time service of at least fifteen hours in
each week; or
S. 20(1)(a)
inserted by
No. 9978
s. 4(1).
(b) intermittent service of an average of at least
fifteen hours in each week—
S. 20(1)(b)
inserted by
No. 9978
s. 4(1).
and who during the qualifying period of service
for that person becoming a permanent employee
rendered—
(c) in the case of a qualifying period of one year
or more, an average service of at least
780 hours in each year; and
S. 20(1)(c)
inserted by
No. 10258
s. 10(j)(i).
(d) in the case of a qualifying period of less than
one year, service of at least the number of
hours that bears to 780 the same proportion
as the length of the qualifying period bears to
one year4.
S. 20(1)(d)
inserted by
No. 10258
s. 10(j)(i).
(2) Any such employee shall be liable to pay
contributions under this Part at a rate that bears
the same proportion to the rate at which an
ordinary employee rendering comparable service
would be required to make contributions as in the
opinion of the Board the aggregate service that
would be rendered by him in any year on the basis
on which he is employed bears to the service that
would be rendered in any year by an ordinary
employee.
19
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 20
(3) For the purpose of calculating benefits under this
Act—
(a) the salary payable to any such member at
any time shall be deemed to be the salary
which would be payable at that time to an
ordinary employee rendering comparable
service; and
(b) any period of contributory service or
prospective contributory service of any such
member during which he is not an ordinary
employee shall be reduced proportionally
according to the basis on which he is
employed;
S. 20(3)(c)
amended by
No. 10258
s. 10(j)(ii)
(A)(B).
(c) prospective contributory service shall be
calculated on the basis of the service of such
member during the 3 years' service preceding
the termination of his service or during that
member's total service if that member's total
service was less than 3 years.
(4) In this section ordinary employee means a
permanent employee who is employed on a fulltime basis throughout a year.
S. 20(5)
inserted by
No. 9400 s. 5,
amended by
No. 9978
s. 4(2).
(5) A member who renders part-time or intermittent
service shall not cease to be a member by reason
only of his part-time or intermittent service being
less than 15 hours in each week5.
S. 20(6)
inserted by
No. 10258
s. 10(j)(iii).
(6) Any period of service by a person prior to the date
on which contributions become payable by that
person during which that person was employed on
a basis which required that person to render—
(a) part-time service of less than fifteen hours in
each week; or
20
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 21
(b) intermittent service of an average of less than
fifteen hours in each week—
or any period of service preceding such a period
of service shall not be taken into account for the
purposes of section 40(2).
21 Permanent employees to be members and
contributors
(1) This Part shall apply to or with respect to every
permanent employee who—
(a) at the commencement of this Act or on the
joining date was a permanent employee and
who on or before 1 June 1980 or the day
three months after the joining date (as the
case requires) does not elect not to contribute
in accordance with the provisions of this Act;
S. 21(1)(a)
amended by
No. 9400
s. 6(a)(b).
(b) becomes a permanent employee within a
period of twelve months from the
commencement of this Act or the joining
date and who on or before a day three
months from the day of becoming a
permanent employee or on or before 1 June
1980 (whichever later occurs) does not elect
not to contribute in accordance with the
provisions of this Act;
S. 21(1)(b)
amended by
No. 9400
s. 6(c)(d),
substituted by
No. 9478
s. 3(1),
amended by
No. 58/1987
s. 11(1)(c)(i).
(c) in the case of an employee within the
meaning of paragraph (a), (b) or (c) of the
interpretation of Employee in section 2, on
or after 12 months after the commencement
of this Act or the joining date becomes a
permanent employee and has not at the time
of becoming a permanent employee attained
the age of 57 years;
S. 21(1)(c)
amended by
Nos 9400
s. 6(e) (as
amended by
No. 9549
s. 2(1)(Sch.
item 213)),
9478 s. 3(2)(a).
21
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 21
S. 21(1)(ca)
inserted by
No. 9478
s. 3(2)(b),
repealed by
No. 58/1987
s. 11(1)(c)(ii).
S. 21(1)(d)
amended by
No. 9400
s. 6(f) (as
amended by
No. 9549
s. 2(1)(Sch.
item 213)).
*
*
*
*
*
(d) after the commencement of this Act or the
joining date becomes a permanent employee
at age 57 years or more and who notifies the
Board in writing within six months of
becoming a permanent employee that he
wishes to contribute in accordance with the
provisions of this Act—
and such permanent employees shall be members
of the Fund and shall be deemed to be contributors
for the purposes of the Act.
S. 21(1A)
inserted by
No. 9400 s. 7,
substituted by
No. 9478
s. 3(3).
(1A) The Board may upon application by a permanent
employee and at its own discretion—
(a) extend the period of election for a person
who at the commencement of this Act was a
permanent employee for a period ending on a
date specified by the Board, being a day not
later than 1 April 1981;
(b) extend the period of election in respect of a
person who becomes a permanent employee
within a period of 12 months from the
commencement of this Act for a period
ending on a date specified by the Board,
being a date not later than the day three
months from the day of becoming a
permanent employee or from 1 April 1981
(whichever last happens);
22
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 21
(c) extend any other period of election specified
in subsection (1) for a period of not more
than six months—
and, where a period of election is so extended,
may refund any contributions paid by him in
respect of the period commencing on the date of
commencement of this Act or the date of his
becoming a permanent employee (whichever last
happens) and ending on the day on which the
period of election as so extended expires.
*
*
*
*
*
(2) Notwithstanding anything to the contrary in
subsection (1), a permanent employee shall not,
on or after the commencement of section 10(k)(ii)
of the Superannuation Schemes Amendment
Act 1985, become a member of the Fund if on the
date on which the permanent employee became
eligible to become a member of the Fund the
permanent employee had attained the age of
75 years, unless otherwise permitted by
Commonwealth superannuation law.
(2A) Notwithstanding anything to the contrary in
subsection (1), a permanent employee who had
elected not to contribute in accordance with the
provisions of this Act and had subsequently
ceased to be a permanent employee but who is
employed again by an employer may elect, not
later than one month after the date from which
that permanent employee is required to commence
paying contributions, not to contribute in
accordance with the provisions of this Act.
23
S. 21(1B)
inserted by
No. 10258
s. 10(k)(i),
repealed by
No. 40/2010
s. 47(1).
S. 21(2)
amended by
No. 9400
s. 8(a)(b),
substituted by
No. 10258
s. 10(k)(ii),
amended by
No. 40/2010
s. 47(2).
S. 21(2A)
inserted by
No. 10258
s. 10(k)(ii).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 21A
(3) A person who was an employee with at least
12 months service who would have been a
permanent employee at the commencement of the
Act if his death or retirement had not occurred
shall, where his death or retirement occurred on or
after 1 January 1979 and before the
commencement of the Act, be deemed to be a
member as at the date of his death or retirement
and to be a contributor who has contributed
continuously under the Act during his completed
years of continuous service and be entitled to
benefits in accordance with the provisions of
section 40(2).
(4) A permanent employee who has not made an
election pursuant to paragraph (a) or (b) of
subsection (1) and whose service terminates as a
result of death or retirement during the period in
which he may elect not to contribute pursuant to
paragraph (a) or (b), shall be deemed to be a
member and contributor at the date of such
termination and be entitled to benefits in
accordance with section 40(2).
S. 21A
inserted by
No. 9478 s. 4.
S. 21A(1)
amended by
No. 10258
s. 10(l)(i).
21A Provision as to continuity of membership
(1) Where a member ceases to be a permanent
employee but within six months thereafter
becomes an employee, he shall, subject to
subsection (3), be deemed to have again become a
permanent employee on the date on which he is
employed by the employer, and for the purpose of
calculating benefits under this Act he shall be
deemed to have commenced his service on that
date.
24
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 21A
(2) Notwithstanding anything in subsection (1), a
permanent employee who is an employee within
the meaning of one of the following provisions of
this Act, namely—
S. 21A(2)
amended by
No. 58/1987
s. 11(1)(d)(ii).
(a) paragraph (b) of the interpretation of
Employee in section 2;
(b) subparagraph (i) of paragraph (c) of the
interpretation of Employee in section 2—
*
*
*
*
*
S. 21A(2)(c)
repealed by
No. 58/1987
s. 11(1)(d)(i).
and becomes an employee within the meaning of
any other provision of this Act mentioned in
paragraph (a) or (b) shall not cease to be a
permanent employee by reason only of the change
in the terms of his employment.
(3) Where a member ceases to be a permanent
employee but within six months thereafter
becomes an employee and makes an election in
accordance with this section, he shall be deemed
to have continued to be a member while he was
not a permanent employee, but shall not be liable
to pay the contributions under this Act in respect
of the period when he was not a permanent
employee unless he has elected to contribute in
accordance with section 22, and for the purpose of
calculating benefits under this Act his service
shall be deemed not to have terminated.
(4) A person who has ceased to be a permanent
employee but who within six months thereafter is
employed by an employer may within two months
elect in writing to have the provisions of
subsection (3) apply to him.
25
S. 21A(3)
amended by
No. 10258
s. 10(l)(ii).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 21B
S. 21A(5)
amended by
No. 9978
s. 7(4).
(5) An election made under subsection (4) shall be of
no effect unless any benefits paid under
section 34A or section 37 in consequence of the
cessation of employment of that person as a
permanent employee have been repaid to the
Board.
(6) Where a person makes an election in accordance
with this section, and would but for the election
have been entitled to benefits under section 38, he
shall be deemed never to have so been entitled.
S. 21B
inserted by
No. 9478 s. 4.
21B Provision preventing re-calculation of benefits in
certain cases
Subject to section 21A(3), any benefits paid or
payable under this Act in respect of a member
shall not be increased by reason of the making of
an Order in Council under section 2 relating to
any employee or employees of the employer by
whom or by which the member was employed
unless the joining date preceded the date upon
which the member became entitled to the benefits.
S. 21C
inserted by
No. 9478 s. 4,
amended by
No. 58/1987
s. 11(1)(e)(ii).
21C Reduction of qualifying period for becoming a
permanent employee
Notwithstanding anything in the interpretation of
Permanent employee in section 2, where a person
(not being a permanent employee) is an employee
within the meaning of one of the following
provisions of this Act, namely—
(a) paragraph (b) of the interpretation of
Employee in section 2;
26
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 22
(b) subparagraph (i) of paragraph (c) of the
interpretation of Employee in section 2—
*
*
*
*
*
S. 21C(c)
repealed by
No. 58/1987
s. 11(e)(i).
and immediately before he became such an
employee he was an employee within the meaning
of any other provision of this Act mentioned in
paragraph (a) or (b) the qualifying period of
service for his becoming a permanent employee
shall be reduced by the continuous period during
which he was employed in that former
employment.
22 Circumstances in which a member will cease to be a
contributor
(1) A member shall continue to be a contributor so
long as and only so long as—
(a) he is a permanent employee; and
(b) he has not attained the age of 75 years.
S. 22(1)(b)
amended by
No. 40/2010
s. 48(1).
(1A) Despite subsection (1)(b), a member may continue
to be a contributor after he or she attains the age
of 75 years if he or she is permitted to do so under
Commonwealth superannuation law.
S. 22(1A)
inserted by
No. 40/2010
s. 48(2).
(2) Notwithstanding anything in paragraph (a) of
subsection (1) where a person who is a contributor
ceases to be a permanent employee but—
(a) accepts no benefits in respect of his so
ceasing to be employed;
(b) is within two months or within such further
period as is fixed by the Board in a particular
case, again a permanent employee; and
27
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 22A
(c) in respect of the time he is not a permanent
employee pays to the Board contributions at
three and one-half times the rate at which his
contributions were last required to be
deducted from his salary—
he shall be deemed to have continued to be a
contributor while not a permanent employee.
(3) Notwithstanding anything in paragraph (a) of
subsection (1), where a person who is a
contributor ceases to be a permanent employee
but—
(a) accepts no benefits in respect of his ceasing
to be an employee;
(b) within two months after he ceases to be
employed or within any further period fixed
by the Board in his case for the purposes of
paragraph (b) of subsection (2), dies or
becomes disabled; and
(c) between the time when he ceases to be
employed and the time when he dies or
becomes disabled, pays to the Board
contributions at three and one-half times the
rate at which his contributions were last
required to be deducted from his salary—
shall be deemed to have continued to be a member
until he died or became disabled.
S. 22A
inserted by
No. 10258
s. 10(m).
S. 22A(2)
amended by
No. 46/1998
s. 7(Sch. 1).
22A Members of approved superannuation schemes
(1) In this section scheme of superannuation has the
same meaning as in Part V.
(2) The Governor in Council, on the recommendation
of the Minister, 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.
28
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 22A
(3) Notwithstanding anything to the contrary in this
Act—
(a) a permanent employee who wishes to
become a member of an approved
superannuation scheme may elect to cease to
contribute in accordance with the provisions
of this Act and, subject to subsection (7),
shall on the day prior to becoming a member
of the approved superannuation scheme be
deemed to have ceased to be a permanent
employee for the purposes of this Act; or
(b) an employee who is a member of an
approved superannuation scheme may within
3 months prior to becoming a permanent
employee elect not to contribute in
accordance with the provisions of this Act
and, subject to subsection (7), shall
thereupon be deemed to have ceased to be an
employee for the purposes of this Act.
(4) A member ceasing to be a permanent employee
pursuant to subsection (3)(a) may elect to be
entitled to—
(a) deferred retirement benefits payable under
section 38; or
(b) benefits payable under section 37; or
(c) the transfer of the benefits payable under
section 37 in respect of the member to the
administrators, trustees or managers of the
approved superannuation scheme to be held
for the member's benefit.
(5) An election made under subsection (4) shall be of
no effect unless it is made in writing within three
months of the member ceasing to be a permanent
employee or within one month of the Board
notifying the member in writing of the right to
make the election (whichever is the later).
29
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 23
(6) If a member receives a notice under subsection (5)
but fails to make an election within the period of
election specified in that subsection the member
shall be regarded as having elected to receive a
benefit in accordance with subsection (4)(b).
(7) Notwithstanding anything to the contrary in this
Act, a member of an approved superannuation
scheme shall not be entitled to contribute in
accordance with the provisions of this Act while
remaining a member of the approved
superannuation scheme but shall, subject to this
Act, on ceasing to be a member of the approved
superannuation scheme again become an
employee or permanent employee for the purposes
of this Act.
23 Rate of contributions
S. 23(1)
amended by
No. 9657
s. 7(a).
S. 23(1A)
inserted by
No. 9657
s. 7(b).
(1) Subject to this section, the rate of contribution to
the Fund by a contributor shall be three and onehalf per centum of his salary when it does not
exceed the minimum wage together with a sum
equal to 005 per centum for each one per centum
by which the weekly instalment of his salary
exceeds the minimum wage.
(1A) A reference in subsection (1) to the salary of a
contributor is a reference to—
(a) where the contributor was an employee on
1 March preceding the date on which he is
liable to pay contributions—the salary
payable to him as at that preceding 1 March;
or
(b) where the contributor was not an employee
on the preceding 1 March mentioned in
paragraph (a)—the salary payable to him as
at the date on which he became or becomes
an employee.
30
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 23
(2) Subject to section 24, a contributor shall not be
required to contribute at a rate exceeding five per
centum of his salary to the Fund pursuant to
subsection (1).
(2A) An eligible salary sacrifice contributor may by
notice in writing to his or her employer 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—
S. 23(2)
amended by
No. 81/1988
s. 19.
S. 23(2A)
inserted by
No. 40/2004
s. 23.
M
1R
where—
M is the applicable 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.
(2B) An election under subsection (2A)—
(a) can only be made if there is in force an
agreement between the employer and the
member under which the employer 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;
31
S. 23(2B)
inserted by
No. 40/2004
s. 23.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 23
(d) can not be made in respect of any
contributions made by a member in addition
to the member contributions required under
subsection (1).
S. 23(2C)
inserted by
No. 40/2004
s. 23.
(2C) Member contributions made in accordance with
the rate determined under subsection (2A) are for
the purposes of this Act (other than sections 74CA
to 74CC) to be taken to be—
(a) the member contributions required 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 (2A).
Note to
s. 23(2C)(b)
inserted by
No. 37/2007
s. 19.
S. 23(2D)
inserted by
No. 40/2004
s. 23.
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.
(2D) An election under subsection (2A) does not affect
the amount that would otherwise constitute the
salary of the member for the purposes of this Act.
(3) The contributions which any member is making
shall not be reduced by reason only of any
increase in the minimum wage.
S. 23(4)
amended by
No. 40/2010
s. 49(1).
(4) The liability to make contributions shall cease
when a member ceases to be a permanent
employee or reaches the age of 75 years
(whichever first happens).
S. 23(4A)
inserted by
No. 40/2010
s. 49(2).
(4A) Despite subsection (4), 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.
32
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 23
(5) Subject to subsection (6), the amount of
contribution of the contributor shall be adjusted as
at 1 March each year based on his salary as at that
date and his contributions so adjusted shall be
payable as from and inclusive of the first pay day
on or after 1 May next following.
S. 23(5)
inserted by
No. 9400 s. 9.
(6) Subject to subsection (7), where a contributor
receives a reduced salary indefinitely or for a
period of more than three months and the amount
of contribution which he is required to pay
becomes less than the amount of contribution that
he was required to pay immediately before the
reduction, he shall pay the lesser amount of
contribution.
S. 23(6)
inserted by
No. 9400 s. 9,
amended by
No. 10258
s. 10(n)(i).
(7) If for any reason other than misconduct a
contributor receives a reduced salary indefinitely
and the amount of contribution that the contributor
is required to pay becomes less than the amount of
contribution that the contributor was required to
pay immediately before the reduction in salary,
the contributor may, within 3 months after the first
pay day on which the contributor is paid at the
reduced rate of salary, elect to continue to
contribute the same amount of contribution that
the contributor was required to pay immediately
before the reduction in salary until by reason of an
increase in the contributor's salary the contributor
is required to pay more than that amount of
contribution and the amount of any pension or
benefit to which the contributor is entitled under
this Act shall be computed having regard to the
salary level according to which the contributor is
contributing.
S. 23(7)
inserted by
No. 10258
s. 10(n)(ii).
*
*
*
33
*
*
S. 23(8)
inserted by
No. 49/1992
s. 84,
repealed by
No. 4/1996
s. 94.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24
24 Contributions deducted from salary
(1) The contributions of a member shall be deducted
from his salary at each payment of salaries, and
paid, without deduction for any purpose to the
Board.
(2) The contributions of a permanent employee shall
(except as otherwise provided in this Act) be
payable on and from the first pay day after the
commencement of his employment as a
permanent employee or, where he becomes a
permanent employee on a pay day, on and from
that pay day.
S. 24(3)
amended by
No. 9400 s. 10.
(3) The contributions of a permanent employee who
is a permanent employee at the commencement of
the Act shall be payable on and from the first pay
day on or after 1 July 1980 and the contributions
of a permanent employee who is a permanent
employee at a joining date shall be payable on and
from the date four months after the joining date.
(4) The contributions of a permanent employee who
becomes a member pursuant to section 21(1)(b)
shall be payable on and from the first pay day
occurring 4 months after the permanent employee
becomes a permanent employee.
S. 24(4A)
inserted by
No. 9978
s. 6(1).
(4A) Where any arrears in the contributions of a
member come to the notice of the Board and it
appears to the Board that the arrears are due solely
to the failure of the member's employer to comply
with subsection (1), the Board shall send a notice
to the member requiring that he make an election
under subsection (4B).
S. 24(4B)
inserted by
No. 9978
s. 6(1).
(4B) Upon receipt by a member of a notice sent under
subsection (4A), he shall within 30 days notify the
Board that he elects to pay the whole or a part or
none of the arrears.
34
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24
(4C) A member who fails to comply with subsection
(4B) shall be regarded as having elected to pay
none of the arrears.
S. 24(4C)
inserted by
No. 9978
s. 6(1).
(4D) Upon the making of an election under subsection
(4B) the period of service in respect of which
arrears are paid shall be taken into account as
contributory service for the purpose of calculating
benefits.
S. 24(4D)
inserted by
No. 9978
s. 6(1).
(4E) Where a member elects under subsection (4B) to
pay the whole or a part of the arrears the Board
may permit the arrears to be paid by him in such
instalments and at such intervals as the Board
approves taking into account the member's
circumstances.
S. 24(4E)
inserted by
No. 9978
s. 6(1).
(5) Subject to subsection (6), a member who is absent
on leave without pay on account of ill-health
certified by a medical officer of the Board or with
reduced pay shall pay his contributions during or
in respect of the period of leave, as for a period of
service, without reduction, but the Board may, on
his application, permit the contributions falling
due during his absence to be paid by him in such
smaller sums, and at such periods, as the Board
approves.
(5A) A member who is absent without pay on account
of parental leave for a period of up to 12 months
for each confinement is not required to pay
contributions during or in respect of that period of
leave.
(6) A member who is absent on leave without pay,
otherwise than on account of ill-health certified by
a medical officer of the Board or parental leave
for a period of up to 12 months for each
confinement, may in respect of the period of the
leave elect—
(a) to pay no contributions under this Act;
35
S. 24(5)
amended by
No. 9657
s. 8(1)(a)(b).
S. 24(5A)
inserted by
No. 40/2010
s. 50(1).
S. 24(6)
substituted by
No. 9657
s. 8(2),
amended by
Nos 10258
s. 10(o)(i),
4/1996
s. 95(a),
37/2007 s. 20,
40/2010
s. 50(2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24
S. 24(6)(b)
amended by
No. 4/1996
s. 95(b).
(b) to pay contributions at half the rate of the
contributions which would be payable by the
member if he had not taken the leave and had
continued to work at the salary payable to
him on the date at which the leave
commences or at such other rate as is first
determined by an actuary after the
commencement of section 95(b) of the
Superannuation Acts (Amendment) Act
1996 and thereafter during an actuarial
investigation under section 18 and which is
specified in the actuary's report; or
(c) to pay contributions at three and one-half
times the rate of contributions which would
be payable by him if he had not taken the
leave and had continued to work at the salary
payable to him on the date on which the
leave commences.
S. 24(6A)
inserted by
No. 9657
s. 8(2).
S. 24(6A)(a)
amended by
No. 49/1992
s. 85(a).
(6A) An election under subsection (6) is of no effect
unless—
(a) it is made in writing; and
(b) it is made not later than one month from the
date on which the leave commences; and
S. 24(6A)(c)
amended by
Nos 49/1992
s. 85(b),
4/1996
s. 92(2)(a).
(c) it is accompanied by a sum equivalent to the
total of all contributions payable throughout
the period of the leave in accordance with
the election, but the Board may on the
application of that person permit the
contributions payable in accordance with the
election during his absence to be paid by him
in such smaller sums and at such periods as
the Board determines.
36
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24
*
*
*
*
*
S. 24(6A)(d)
inserted by
No. 49/1992
s. 85(b),
repealed by
No. 4/1996
s. 92(2)(b).
(6B) An election under subsection (6) shall be deemed
to have taken effect on the date on which the leave
commences.
S. 24(6B)
inserted by
No. 9657
s. 8(2).
(6C) A member who is absent on leave without pay,
otherwise than on account of ill-health or parental
leave for a period of up to 12 months for each
confinement, and who does not before the
expiration of one month from the date on which
the leave commences make an election under
subsection (6) shall for the purposes of this Act be
regarded as having made an election under
paragraph (a) of that subsection.
S. 24(6C)
inserted by
No. 9657
s. 8(2),
amended by
No. 40/2010
s. 50(3).
(6D) Where a person who makes or is deemed to have
made an election under paragraph (a) of
subsection (6) dies or becomes disabled more than
one month after the leave commences but before
the end of the leave, and the death or disability is
not a death or disability to which subsection (6E)
applies, benefits shall be payable under this Act to
the persons who would but for the taking of the
leave have been entitled to benefits on the death or
disablement of the member and the benefits shall
be calculated as though the member had
voluntarily resigned from his employment on the
date of his death or disablement.
S. 24(6D)
inserted by
No. 9657
s. 8(2).
(6E) Where—
S. 24(6E)
inserted by
No. 9657
s. 8(2),
amended by
No. 10258
s. 10(o)(ii).
(a) a person makes or is deemed to have made
an election under paragraph (a) of subsection
(6) and more than one month after the leave
commences but before the end of the period
for which he was granted leave retires on the
ground of disability or dies;
37
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24
(b) the person applies for a benefit under this
Act in consequence of his retirement on the
ground of disability or the persons who
would but for the taking of the leave have
been entitled to benefits on the member's
death apply for benefits under this Act in
consequence of his death; and
(c) the Board considers that the major cause of
his disability or death is an impairment
which originated before the taking of the
leave or during the period of one month after
the date on which the leave commences—
benefits shall be payable to the person or persons
under this Act in respect of the member's death or
retirement on the ground of disability and, subject
to section 55(6), the benefits shall be calculated as
though the death or retirement of the member took
place on the day the member commenced leave
without pay.
S. 24(6F)
inserted by
No. 9657
s. 8(2).
(6F) Where a member makes an election under
paragraph (b) of subsection (6) he shall have the
same entitlements to benefits under this Act as he
would have had if he had paid contributions at the
rate which would have been payable by him if he
had not taken the leave and had continued to work
at the salary payable to him on the date on which
the leave commences, but for the purpose of
calculating those benefits the period of the leave
shall not be taken into account when calculating
the total period of his service.
S. 24(6G)
inserted by
No. 9657
s. 8(2).
(6G) Where a member makes an election under
paragraph (c) of subsection (6), the period of the
leave shall be taken into account when
determining the period of the member's service for
the purpose of calculating benefits under this Act.
38
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24
(6H) If a member who has made an election under
subsection (6)(b) resigns—
(a) during the period of leave; or
(b) before the expiration of 12 months after
returning to duty from the leave of
absence—
S. 24(6H)
inserted by
No. 9657
s. 8(2),
substituted by
No. 10258
s. 10(o)(iii).
the contributions paid by the member in
consequence of the election shall be disregarded
in determining any amount refundable to the
member under section 37.
(6J) If a member who has made an election under
subsection (6)(c) resigns—
(a) during the period of leave; or
S. 24(6J)
inserted by
No. 10258
s. 10(o)(iii).
(b) before the expiration of 12 months after
returning to duty from the leave of
absence—
one-seventh of the contributions paid by the
member in consequence of the election shall be
disregarded in determining any amount refundable
to the member under section 37.
(6K) If a member who has made an election under
subsection (6)(c) subsequently is retrenched—
(a) two-sevenths of the contributions paid by the
member in consequence of the election shall
be taken into account in calculating benefit
entitlements under this Act; and
(b) five-sevenths of the contributions paid by the
member in consequence of the election shall
be refunded to the member as an additional
benefit.
39
S. 24(6K)
inserted by
No. 10258
S. 10(o)(iii).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24A
S. 24(7)
inserted by
No. 9478 s. 5.
S. 24A
inserted by
No. 78/2004
s. 13.
(7) Where pursuant to section 21(1A) the Board has,
on the application of a permanent employee,
extended a period of election specified in section
21(1), the contributions of the employee shall be
payable on and from the first pay day on or after
the day one month after the last day of the period
of election.
24A 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.
40
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 24A
(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.
(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 employer 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.
41
S. 24A(6A)
inserted by
No. 38/2009
s. 25.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 25
S. 25
amended by
Nos 9657 s. 9,
9978 s. 6(2),
58/1987
s. 11(1)(f),
substituted by
No. 49/1992
s. 86.
S. 25(1)
amended by
No. 46/1998
s. 7(Sch. 1).
S. 25(1A)
inserted by
No. 84/1998
s. 42.
25 Payments to the Board
(1) With the approval of the Minister the Board must
determine the contributions to be paid to the
Board by the employer of each member who is a
contributor or the last employer of each pensioner
or deceased member where as a result of the
member's death the Board pays benefits to the
deceased member's dependents.
(1A) Subsection (1) does not apply in respect of a
member who has ceased making contributions
because of section 23(4).
(2) Contributions under subsection (1) may be
calculated—
(a) as a percentage of the salary of a member; or
(b) as a proportion of pensions being paid; or
S. 25(2)(c)
substituted by
No. 120/1994
s. 44.
(c) as a fixed amount; or
S. 25(2)(d)
inserted by
No. 120/1994
s. 44.
(d) by any combination of the method specified
in paragraphs (a), (b) and (c).
(3) Contributions under subsection (1) are for the
purpose of—
(a) paying benefits due to members in
accordance with the Act after allowance is
made for that proportion provided by
member's contributions and interest; and
42
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 25A
(b) meeting the costs of administering the Fund
and the Act.
(4) The Board must give each employer notice in
writing of contributions fixed under subsection (1)
at least one month before the contributions are to
take effect.
(5) In this section, employer means—
(a) an employer within the meaning of the
definition of employer in section 2(1); and
S. 25(5)
inserted by
No. 4/1996
s. 96.
(b) any other person, authority or body declared
by the Minister by notice published in the
Government Gazette to be an employer in
respect of a member specified in subsection
(1) or of a pensioner or a beneficiary.
(6) The Minister may by notice published in the
Government Gazette declare a class or classes of
employer for the purposes of subsection (5).
25A Board to certify amount where employer fails to pay
(1) Where an employer fails to pay any amount
payable to the Board under this Act the Board
shall certify to the employer concerned the
amount for which he is liable.
*
*
*
*
*
25B Interest on monies owing to Board
(1) All contributions deducted from the salary of a
contributor pursuant to section 24 and all amounts
which an employer is liable to pay to the Board
pursuant to section 25 shall become payable to the
Board at each payment of salary by the employer
and shall be paid to the Board within 14 days of
becoming payable.
43
S. 25(6)
inserted by
No. 4/1996
s. 96.
S. 25A
inserted by
No. 9400 s. 11.
S. 25A(2)
repealed by
No. 9978
s. 6(3)(a).
S. 25B
inserted by
No. 9657 s. 10.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part III—Contributions
s. 25B
S. 25B(2)
amended by
No. 4/1996
s. 97(1).
(2) If an employer does not within 14 days after an
amount has become payable pursuant to
subsection (1) pay the whole amount to the Board
he shall, if the Board so demands, 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 became payable until the date on which it is
paid to the Board.
_______________
44
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 26
PART IV—PENSIONS AND BENEFITS
26 Definition of minimum wage
(1) In this Part and Part III, unless inconsistent with
the context or subject-matter—
minimum wage means the sum of $144.80
together with such further amount as is from
time to time declared under subsection (2) by
Order of the Governor in Council published
in the Government Gazette to be the amount
by which the minimum wage payable to an
adult person in Victoria has increased since
30 June 1981.
(2) The Governor in Council shall by Order published
in the Government Gazette within 30 days after
1 December in each year declare the amount that
in his opinion is the amount by which the
minimum wage has increased between 30 June
1981 and 1 December then last past.
S. 26(1) def. of
minimum
wage
substituted by
No. 9978
s. 8(a).
S. 26(2)
amended by
No. 9978
s. 8(b)(i)–(iii).
27 Member to furnish personal statement to Board and
to undergo medical examination
Every member shall, unless exempted by the
Board—
(a) furnish to the Board a personal statement
verified in such manner as the Board may
require with respect to his age, occupation,
medical history, condition of health and such
other matters as the Board considers
necessary or expedient for the purposes of
the Act; and
(b) undergo such examination by registered
medical practitioners, nominated by the
Board, as the Board may consider necessary
or expedient for the purposes of the Act.
45
S. 27(b)
amended by
No. 23/1994
s. 118(Sch. 1
item 53.2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 32
*
*
*
*
*
S. 29
amended by
Nos 9400
s. 12, 10258
s. 10(p),
49/1992 s. 87,
23/1994
s. 118(Sch. 1
item 53.3),
94/2005 s. 29,
repealed by
No. 40/2010
s. 51.
*
*
*
*
*
Ss 30, 31
repealed by
No. 40/2010
s. 51.
*
*
*
*
*
S. 28
repealed by
No. 40/2010
s. 51.
S. 32
amended by
Nos 23/1994
s. 118(Sch. 1
item 53.4),
40/2010 s. 52.
32 Submission of information and medical examination
The Board may at any time and from time to time
require any member to submit a personal
statement or such information or to undergo such
examinations by registered medical practitioners
nominated by the Board as the Board considers
necessary or expedient for the purposes of the Act.
33 Entitlement to benefits
S. 33(1)
amended by
No. 10258
s. 9(a).
(1) Every member shall be entitled to benefits on his
retirement on or after attaining the age of
55 years.
(2) Subject to this Act upon the retirement of a
member on the grounds of disability he shall be
entitled to benefits.
46
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 33
(3) If a member resigns and is subsequently employed
by a person or body approved by the Minister for
the purposes of this subsection, the member may
in lieu of then receiving benefits under this Act
authorize the Board to make arrangements for
such contributions to the Board as are specified in
the arrangements to be deducted from the
member's salary and the Board, with the consent
of the Minister, may make such arrangements and
agree as to the amount of the benefit entitlements
of the member under this Act, the conditions
under which those entitlements will be payable
and the amount to be paid by the employer to the
Board in respect of those entitlements.
S. 33(3)
inserted by
No. 10258
s. 10(q),
amended by
No. 46/1998
s. 7(Sch. 1).
(4) A member who ceases to be an employee and
within a period of 4 weeks resumes employment
with an employer is not entitled to benefits on
account of ceasing to be an employee within the
meaning of this Act.
S. 33(4)
inserted by
No. 10258
s. 10(q),
substituted by
Nos 58/1987
s. 11(1)(g)(i),
81/1988 s. 20.
(5) The Board must notify in writing a member to
whom subsection (4) applies of his or her right to
make an election under subsection (6).
S. 33(5)
inserted by
No. 10258
s. 10(q),
amended by
No. 58/1987
s. 11(1)(g)(ii),
substituted by
No. 81/1988
s. 20.
(6) Within one month of being notified by the Board
the member must elect in writing to do one of the
following—
S. 33(6)
inserted by
No. 10258
s. 10(q),
substituted by
No. 81/1988
s. 20.
(a) to continue to contribute in accordance with
this Act;
(b) subject to section 75(2), to transfer to the
State Superannuation Fund if eligible to do
so;
47
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 34
(c) subject to section 75(2), to transfer to the
Transport Superannuation Fund if eligible to
do so.
S. 34
amended by
Nos 9978
s. 7(1)(a)–(c),
10258 ss 9(b),
10(r), 72/1990
s. 9,
substituted by
No. 87/1992
s. 18.
S. 34A
inserted by
No. 9978
s. 7(2).
S. 34A(a)
amended by
No. 94/2005
s. 30.
34 Retrenchment
For the purposes of this Act—
retrenchment means the termination of the
service of a member who has not attained the
age of 55 years in respect of whom the
member's employer certifies in writing to the
Board that the member has been retrenched
for the purposes of this Act.
34A Election by retrenched member
A member who is retrenched may elect to
receive—
(a) a lump sum equal to three and one-half times
the total amount of contributions paid or
payable by him to the State Superannuation
Fund and the Fund;
(b) benefits payable under section 37; or
(c) deferred retirement benefits payable under
section 38.
S. 34AB
inserted by
No. 87/1992
s. 19.
34AB Exempt officers
(1) A contributor who becomes an exempt officer is
entitled up to the date of becoming an exempt
officer to a deferred retirement benefit payable in
accordance with section 38.
(2) A benefit under this section—
(a) must be indexed in accordance with
section 43; and
S. 34AB(2)(b)
amended by
No. 4/1996
s. 98.
(b) must be preserved and is payable in
accordance with the specified standards.
48
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 34B
(3) A member who is entitled to a deferred retirement
benefit under subsection (1) may elect in writing
to the Board to—
S. 34AB(3)
inserted by
No. 95/2000
s. 16(1).
(a) convert the entitlement to a present lump
sum; and
(b) have the lump sum rolled over or transferred
within the superannuation system as
nominated by the member.
(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.
34B Employer to pay into Fund
Where a member who is retrenched elects to
receive a lump sum under paragraph (a) of
section 34A and does not subsequently make a
repayment under subsection (5) of section 21A,
the Board may require the employer to pay into
the fund a sum determined actuarially
representing the employer's liability in respect of
the benefit so paid to the member.
34C Interest on money payable by employer
If an employer does not within 14 days after being
required to do so by the Board under section 34B
pay into the Fund the whole amount of the sum
determined under that section as representing the
employer's liability, the employer must, if the
Board so demands, 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 payment of it was
required by the Board until the date on which it is
paid into the Fund.
49
S. 34AB(3)(b)
substituted by
Nos 40/2004
s. 20(2),
37/2007 s. 21.
S. 34AB(4)
inserted by
No. 95/2000
s. 16(1).
S. 34B
inserted by
No. 9978
s. 7(2).
S. 34C
inserted by
No. 10258
s. 10(s),
amended by
No. 4/1996
s. 97(2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 35
35 Resignation
Voluntary termination of service (however
expressed) by a member who is not then entitled
to benefits pursuant to this Part shall be deemed to
be resignation.
S. 36
amended by
Nos 10258
s. 10(t),
40/2004 s. 24.
36 Resignation on grounds of disability
S. 37
amended by
No. 10258
s. 10(u),
substituted by
No. 81/1988
s. 21.
37 Resignation benefits
S. 37(1)(b)
substituted by
No. 49/1992
s. 88.
Where a member resigns the Board shall not make
any payments pursuant to this Part until the Board
receives a statement in the form approved by the
Board by or on behalf of the member as to
whether the member claims to resign on the
grounds of disability.
(1) If a member resigns he or she is entitled to—
(a) a cash benefit equal to the contributions paid
by the member and interest at a rate specified
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; and
(b) a deferred benefit consisting of—
(i) a lump sum equal to 5 per cent of salary
for each year of service in excess of
5 years; and
(ii) a pension equal to five-sixths of one per
cent of salary for each year of service in
excess of 5 years.
S. 37(1A)
inserted by
No. 49/1992
s. 88.
(1A) Deferred benefits calculated under subsection
(1)(b) are to be—
(a) payable in accordance with section 38—
as though they were a benefit payable under
that section; and
(b) indexed in accordance with section 43.
50
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 37
(1B) A member who is entitled to a deferred retirement
benefit under subsection (1)(b) may elect in
writing to the Board to—
S. 37(1B)
inserted by
No. 95/2000
s. 16(2).
(a) convert the entitlement to a present lump
sum; and
(b) have the lump sum rolled over or transferred
within the superannuation system as
nominated by the member.
(1C) The method of calculating the conversion under
subsection (1B) is to be determined by the
Minister on the advice of an actuary appointed by
the Board.
S. 37(1B)(b)
substituted by
Nos 40/2004
s. 20(3),
37/2007 s. 22.
S. 37(1C)
inserted by
No. 95/2000
s. 16(2).
*
*
*
*
*
S. 37(2)
repealed by
No 70/2013
s. 3(Sch.1
item 53).
*
*
*
*
*
S. 37(3)(4)
inserted by
No. 54/1993
s. 9,
repealed by
No. 40/2004
s. 25.
*
*
*
*
*
S. 37(5)
inserted by
No. 54/1993
s. 9,
substituted by
No. 4/1996
s. 99(1),
repealed by
No. 40/2004
s. 25.
*
*
*
*
*
51
S. 37A
inserted by
No. 10258
s. 10(v),
repealed by
No. 58/1987
s. 11(1)(h).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 38
38 Deferred retirement benefits
S. 38(1)
amended by
Nos 10258
ss 9(c)(i),
10(w)(i)(A)(B),
58/1987
s. 11(1)(i)(i)(A)
(B), 81/1988
s. 22(1)(a),
120/1994
s. 52(a).
(1) Subject to subsections (2) and (3), a member may,
within 3 months of resigning, elect to be entitled
to deferred retirement benefits in accordance with
the provisions of the Superannuation
(Portability) Act 1989 in lieu of accepting any
payments pursuant to section 37 as if the member
had resigned in order to accept full time
employment, within the terms of section 5 of that
Act.
S. 38(2)
amended by
No. 10258
ss 9(c)(ii),
10(w)(ii),
substituted by
No. 58/1987
s. 11(1)(i)(ii),
amended by
No. 81/1988
s. 22(1)(b).
(2) Deferred retirement benefits are calculated and
payable—
S. 38(2)(a)
amended by
Nos 4/1996
s. 99(2),
94/2005 s. 31.
(a) on the member having attained the age of
55 years except for that part of the deferred
benefit which is subject to the specified
standards; or
(b) on the member retiring on the grounds of a
disability approved by the Board for the
purposes of this subsection—
whichever occurs first.
S. 38(2A)
inserted by
No. 95/2000
s. 16(3).
(2A) A member who is entitled to a deferred retirement
benefit under subsection (1) may elect in writing
to the Board to—
(a) convert the entitlement to a present lump
sum; and
52
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 38
(b) have the lump sum rolled over or transferred
within the superannuation system as
nominated by the member.
(2B) The method of calculating the conversion under
subsection (2A) is to be determined by the
Minister on the advice of an actuary appointed by
the Board.
(3) On the death of a member entitled to deferred
retirement benefits there shall be payable—
S. 38(2A)(b)
substituted by
Nos 40/2004
s. 20(4),
37/2007 s. 23.
S. 38(2B)
inserted by
No. 95/2000
s. 16(3).
S. 38(3)
amended by
Nos 10258
ss 9(c)(iii),
10(w)(iii),
58/1987
s. 11(1)(i)(iii).
(a) to his partner during the life of the partner a
pension of an amount equal to two-thirds of
the deferred pension to which he would have
been entitled if he had attained the age of
60 years on the date of his death together
with the deferred lump sum and interest
thereon to the date of death at a rate
determined by the Board;
S. 38(3)(a)
amended by
Nos 10258
s. 9(c)(iii),
27/2001
s. 5(Sch. 3
item 4.3).
(b) in respect of any child of the deceased
member, a pension calculated as though the
member was a contributor at the date of his
or her death; or
S. 38(3)(b)
amended by
No. 10258
s. 10(w)(iii),
substituted by
No. 120/1994
s. 45.
(c) to the personal representative of the deceased
member if the deceased member left no
partner or child to whom paragraph (a) or (b)
applied, the deferred lump sum and interest
thereon to the date of death at the rate
specified by the Board under section 37.
S. 38(3)(c)
inserted by
No. 10258
s. 10(w)(iii),
27/2001
s. 5(Sch. 3
item 4.3).
53
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 39
S. 38(4)
inserted by
No. 10258
s. 10(w)(iv).
(4) A person who resigns and under subsection (1)
elects to be entitled to deferred retirement benefits
may, within 6 months of resigning, cancel that
election and that person shall thereupon be
entitled to receive benefits payable under
section 37.
39 Amount of lump sum and pension on retirement
S. 39(1)
amended by
No. 81/1988
s. 22(1)(c)
(i)–(iii).
(1) Subject to subsections (2) and (3), a member who
at the time of his retirement is a contributor and
has contributed continuously under the provisions
of this Act for not less than 42 years of
contributory service shall upon retirement at or
after attaining 65 years be entitled to receive a
lump sum equivalent to 42 times his adjusted
final salary together with a pension equivalent to
35 per centum of such adjusted final salary.
(2) Benefits payable to a member who retires after the
age of 65 years shall be calculated as though he
had retired on his 65th birthday, but interest shall
be payable on the lump sum from the date of his
65th birthday until the date of his retirement at a
rate determined actuarially.
(3) Where a member retires at age 66 years or more
the rate of pension shall be such higher rate as
determined actuarially.
S. 40
amended by
No. 81/1988
s. 22(1)(d)(i).
S. 40(1)
amended by
No. 81/1988
s. 22(1)(d)(ii).
40 Calculation of benefit where less than 42 years
employment
(1) A member who was a contributor and contributed
continuously under this Act for less than 42 years
of effective contributory employment shall upon
retirement at, or after attaining the age of sixty
years be entitled to proportionately reduced
benefits which shall be calculated by multiplying
the amount of the lump sum and of the pension
which would have been payable to him if he had
54
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 40
been a contributor under this Act for 42 years or
more and contributed continuously by a fraction
being—
(i)
number of years of continuous service under the Act
42
(ii)
1
—
42
whichever is the greater.
(1A) A member shall upon retirement at or after
attaining the age of 55 years but before attaining
the age of 60 years be entitled—
(a) to receive a lump sum calculated in
accordance with the formula LS60 
YA
,
YP
where—
LS60 represents the amount of the lump sum
that would have been payable to the
member if the member had continued to
be a contributor until attaining the age
of 60 years and had then retired;
YA represents the period of contributory
service of the member in years;
YP represents the period of contributory
service in years which the member
would have had if the member had
continued to be a contributor until
attaining the age of 60 years and had
then retired or 42 years whichever is
the lesser; and
55
S. 40(1A)
inserted by
No. 10258
s. 9(d),
amended by
No. 81/1988
s. 22(1)(d)(iii)
(iv).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 40
S. 40(1A)(b)
amended by
No. 95/2000
s. 14(a).
(b) to receive a pension calculated in accordance
YA C60
with the formula N 
where—

YP
CR
N represents the amount of the pension
that would have been payable to the
member if the member had continued to
be a contributor until attaining the age
of 60 years and had then retired;
YA and YP have the same meaning as in
paragraph (a);
C60 represents the lump sum factor at
age 60 as prescribed by Schedule 1;
CR represents the lump sum factor
prescribed by Schedule 1 with respect
to the age in years at which the member
retires.
S. 40(2)
substituted by
No. 9400
s. 13(a),
amended by
Nos 9657
s. 11(1),
81/1988
s. 22(1)(d)(v)
(vi).
S. 40(2)(a)
amended by
Nos 9978
s. 9(1), 10258
s. 10(x).
(2) Entitlements under this Part shall be determined
on the basis that a person is deemed to have been
a continuous contributor for a period or an
additional period equal to the number of years not
exceeding 42—
(a) for pension entitlements, the period (if any)
approved by the Board ending on 1 July
1980 or the period prior to four months after
the joining date or prior to the date on which
contributions become payable pursuant to
section 24(7) (as the case requires) during
which he was a permanent employee in
continuous employment including any period
during which the member was a contributor
to the State Superannuation Fund and in
respect of which the member is not entitled
to a deferred benefit; and
56
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 40
(b) for the lump sum entitlements, one-half of
any such period—
and the number of such years shall be calculated
by deducting the number of years of continuous
service under subsection (1) from his total years
of service as a permanent employee.
(2A) Service by an employee of—
(a) a school council, school committee or other
governing body (by whatever name called)
of a school or the principal or other person in
charge of a school;
(b) an advisory council or other body (by
whatever name called) performing advisory
functions in connexion with a school; or
(c) any other organization or committee which
employs persons at the school to perform
work other than teaching work—
prior to the day of incorporation of a school
council for the school pursuant to section 2.3.2 of
the Education and Training Reform Act 2006
shall be deemed to be service as an employee and
shall be taken into account by the Board in
calculating the number of years of continuous
service of a member.
(3) For the purposes of this Part service shall be
deemed to be continuous notwithstanding—
(a) the taking of any annual leave or long
service leave;
(b) any absence from work of not more than
48 weeks in any year on account of illness or
injury;
57
S. 40(2A)
inserted by
No. 9657
s. 11(2),
substituted by
No. 9752 s. 2,
amended by
Nos 81/1988
s. 22(1)(d)(vii),
24/2006
s. 6.1.2(Sch. 7
item 37.2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 40
(c) any interruption or ending of the
employment by the employer if such
interruption or ending is made with the
intention of avoiding obligations in respect
of long service leave or annual leave;
(d) any interruption arising directly or indirectly
from an industrial dispute;
(e) the dismissal of an employee if he is reemployed within a period not exceeding six
months from the date of such dismissal;
(f) the standing down of an employee on
account of slackness of trade;
(g) any absence from work of a woman for a
period not exceeding twelve months in
respect of any pregnancy;
(h) any other absence of the employee by leave
of the employer, or on account of injury
arising out of or in the course of his
employment;
S. 40(3)(i)
inserted by
No. 58/1987
s. 11(1)(j).
(i) the receipt by the member of a pension
payable pursuant to section 55(1)(b).
(4) Any period of interruption of contribution
payments to the Fund in excess of one month shall
not be taken into account in calculating benefit
entitlements under this Act.
S. 40(4A)
inserted by
No. 9978
s. 6(3)(b).
(4A) Notwithstanding subsection (4) any period in
respect of which a member does not pay his
contributions by reason of the operation of
section 24(4A), (4B) or (4C) shall be taken into
account in calculating benefit entitlements under
this Act as if it were service as a permanent
employee before he became a contributor.
58
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 41
(5) In determining entitlements under this Part where
the period of contributory service, prospective or
otherwise, of a person is in excess of 42 years, the
Board shall calculate such entitlements on the
basis of those 42 consecutive years which give the
optimum benefits to that person.
S. 40(5)
substituted by
No. 9400
s. 13(b).
(6) Subject to section 39, benefits payable to a
member under this section shall not exceed a sum
equivalent to three times his adjusted final salary
together with a pension equivalent to 25 per
centum of such adjusted final salary.
(7) For the purposes of subsection (6), 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 IVA or
otherwise, the maximum accrued 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.
41 Retirement between the ages of 60 and 65 years
Where a member at the time of his retirement is a
contributor who has attained the age of 60 years
and ceases to be a permanent employee before
attaining the age of 65 years the pension he shall
be entitled to receive under section 39 or 40 shall
be multiplied by the factors in the following table:
Age
Factor
60
95
61
96
62
97
63
98
64
99
59
S. 40(7)
inserted by
No. 70/2003
s. 13.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 41A
S. 41A
inserted by
No. 9657 s. 12.
S. 41A(1)
amended by
Nos 9978
s. 10, 58/1987
s. 11(1)(k),
94/2005 s. 32.
41A Pensioner may apply for reduced pension and lump
sum payment
(1) A pensioner may make application to the Board in
the form approved by the Board, for the reduction
of his pension and to receive a lump sum payment
in consideration of the reduction of the pension.
(2) On receipt of such application the Board may
require the pensioner to provide such other
information as it determines.
S. 41A(3)
substituted by
No. 10258
s. 10(y),
amended by
No. 46/1998
s. 7(Sch. 1).
(3) The Board may grant the application and reduce
the pension in accordance with the terms and
conditions from time to time approved by the
Minister.
(4) The amount of lump sum payment made in
consideration of the reduction in the pension shall
be determined by the Board's actuary.
42 Conversion of part of pension entitlement to lump
sum payment entitlement
S. 42(1)
amended by
Nos 10258
s. 10(z)(i)
(A)–(C),
27/2001
s. 5(Sch. 3
item 4.4).
(1) Notwithstanding anything in this Act but subject
to this section the Board may determine that a
pensioner who is receiving a pension under
section 39, 40 or 41 may, within the period of
three months immediately prior to his attaining the
age of 70 years, or three months after retirement if
he retires on or after the age of 70 years, may
apply in writing to convert the whole or part of the
fortnightly pension entitlement of the pensioner
and of his or her partner following his or her death
to an equivalent entitlement by way of a lump sum
payment as determined by an actuary appointed
by the Board.
60
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 43
(2) Where a pensioner applies under subsection (1)
and his application is approved by the Board he
shall be entitled to the lump sum payment and the
pension payable to the pensioner and to his or her
partner shall thereupon be reduced by the amount
of the pension entitlement converted to a lump
sum.
*
*
*
*
*
S. 42(2)
amended by
Nos 10258
s. 10(z)(ii),
27/2001
s. 5(Sch. 3
item 4.4).
S. 42(3)
repealed by
No. 10258
s. 10(z)(iii).
(4) A pensioner shall not be entitled to make more
than one application under this section.
43 Automatic adjustment of pensions
(1) In this section—
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 quarter and
the December quarter for each year;
financial half year means a period of six months
ending on 30 June or 31 December;
prescribed proportion in relation to a prescribed
half year means—
A  B
B
where A is the consumer price index number
for the prescribed half year and B is the
consumer price index number for the quarter
ended 30 June 1979 or the highest consumer
price index number in the half year between
that quarter and the prescribed half year
(whichever is higher);
61
S. 43(1)
amended by
No. 49/1992
s. 89(a),
substituted by
Nos 110/1993
s. 151(1),
120/1994
s. 46(1).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 43
prescribed half year means the half year ended
30 June 1979 and any subsequent half year
ending on 30 June or 31 December in which
the consumer price index is higher than the
highest consumer price index in or since the
half year ended 30 June 1979.
S. 43(1A)
inserted by
No. 120/1994
s. 46(1).
S. 43(2)
substituted by
Nos 110/1993
s. 151(1),
120/1994
s. 46(1),
amended by
No. 27/2001
s. 5(Sch. 3
item 4.4).
(1A) Where the prescribed proportion consists of or
includes a fraction of a whole number, it is
deemed to have been calculated in accordance
with this section if it is calculated to the nearest
one-hundredth part.
(2) Subject to subsection (4) in any prescribed half
year, any pension to which a member or the
partner or child or dependent person of a deceased
member is entitled under this Part must—
(a) if it is then payable, be increased on the
payment of the first instalment of pension in
the month of June or December by an
amount equal to one-sixth of the prescribed
proportion of the pension that person is
receiving under this Part for every whole
month or part of a month during which he or
she was entitled to the pension during the
preceding financial half year; and
(b) if for any reason it is not then payable, be
notionally so increased as if then payable.
S. 43(3)
repealed by
No. 110/1993
s. 151(1).
*
*
*
*
*
(4) Where any increase pursuant to subsection (3) in
any pension payable under this Part is likely to
jeopardize the granting of any pension, allowance,
subsidy, concession or similar benefit to the
pensioner under any Act of the Commonwealth,
the pensioner may request the Board in writing
that his pension not be increased in accordance
62
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 43A
with the provisions of subsection (3), and may
revoke such request at any time.
(5) The Board shall not, while in receipt of a request
which is not revoked, increase such pension.
S. 43A
inserted by
No. 9978 s. 13.
43A Prescribed rate
(1) In sections 44, 45 and 47 prescribed rate means
A
the sum arrived at by multiplying $650 by
B
where A is the consumer price index number for
the quarter ended 30 June or 31 December
(whichever is the later) prior to the death of the
pensioner or member and B is the consumer price
index number for the quarter ended 30 June 1982.
S. 43A(1)
amended by
Nos 110/1993
s. 152(1),
120/1994
s. 46(2).
(2) In this section consumer price index means the all
groups consumer price index for All Capital Cities
published by the Commonwealth Statistician.
S. 43A(2)
amended by
No. 49/1992
s. 89(b).
43B Registration of names of adult children
(1) For the purposes of this Part, a member may
register with the Board the name of a child (an
adult child) of himself or herself or of his or her
partner who—
(a) has attained the age of 18 years; and
(b) is a person with a disability as described in
section 8(1) of the Disability Services Act
1986 of the Commonwealth; and
(c) wholly or partially relies on the member for
financial support.
(2) A person who is not registered under this section
may lodge a claim in a form approved by the
Board to be considered an adult child—
63
S. 43B
inserted by
No. 40/2010
s. 53.
S. 43B(1)
amended by
No. 29/2011
s. 3(Sch. 1
item 90).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 44
(a) on the death of a member; or
(b) if the person is a child of a deceased
member, on the expiration of his or her child
pension.
(3) In determining whether a registered person or
claimant is an adult child, the Board must consider
reports from at least 2 registered medical
practitioners appointed by the Board as medical
officers for the purposes of this Act.
(4) A determination under this section may be subject
to regular reviews by the Board.
S. 44
(Heading)
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.5),
amended by
No. 40/2010
s. 54(1).
44 Benefits for partner, children and adult children on
death of member before retirement
S. 44(1)
amended by
No. 9978
s. 14(1).
(1) On the death of a member before retirement, there
shall be paid subject to section 28—
S. 44(1)(a)
amended by
Nos 110/1993
ss 150(2),
153(1),
27/2001
s. 5(Sch. 3
item 4.6).
(a) to the partner of the deceased member during
the life of the partner a pension of an amount
equal to two-thirds of the pension which
would have been payable on the deceased
member attaining the age of 60 years if his
adjusted final salary at the date of his death
had been his adjusted final salary on that
birthday and counting the years of service
which would have been completed by that
age;
S. 44(1)(b)
amended by
Nos 110/1993
ss 150(2),
153(1),
27/2001
s. 5(Sch. 3
item 4.6).
(b) to the partner of the deceased member a
lump sum equal to the lump sum which
would have been payable on the deceased
member attaining the age of 60 years if his
adjusted final salary at the date of his death
64
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 44
had been his adjusted final salary on that
birthday and counting the years of service
which would have been completed by that
age;
(c) in respect of each of the children and adult
children of the deceased member, a pension
at the prescribed rate per annum6.
*
*
*
*
*
(3) On the death of a member after the age of 60 years
the benefits shall be calculated as if he had retired
immediately prior to the date of his death.
S. 44(1)(c)
substituted by
No. 120/1994
s. 47(1),
amended by
No. 40/2010
s. 54(2).
S. 44(2)
amended by
No. 110/1993
s. 153(1),
repealed by
No. 40/2010
s. 55.
S. 44(3)
amended by
No. 110/1993
s. 153(1).
(4) Notwithstanding anything to the contrary in this
Part, a person shall not be entitled—
(a) to receive at any one time more than one
pension under this Act as the partner of a
deceased member or pensioner (but any
person who is entitled to a pension as the
partner of more than one deceased member
or pensioner shall be entitled to receive
whichever of the pensions is the greater);
S. 44(4)(a)
amended by
Nos 49/1992
s. 90(a),
27/2001
s. 5(Sch. 3
item 4.6).
*
*
*
*
*
S. 44(4)(b)
repealed by
No. 49/1992
s. 90(a).
*
*
*
*
*
S. 44(5)(6)
repealed by
No. 49/1992
s. 90(c).
65
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 44
S. 44(7)
amended by
No. 9657
s. 13(1),
repealed by
No. 49/1992
s. 90(c).
S. 44(7A)
inserted by
No. 9657
s. 13(2),
repealed by
No. 49/1992
s. 90(c).
*
*
*
*
*
*
*
*
*
*
S. 44(8)
amended by
Nos 110/1993
ss 150(2),
153(1),
120/1994
s. 47(2),
27/2001
s. 5(Sch. 3
item 4.6).
(8) On the death of a member before retirement who
does not have a partner there shall be paid to his
personal representative the lump sum which
would have been payable on the deceased member
attaining the age of 60 years if his adjusted final
salary at the date of his death had been his
adjusted final salary on that birthday and counting
the years of service which would have been
completed by that age.
S. 44(9)
inserted by
No. 110/1993
s. 153(2).
(9) Despite the amendment of this section by
section 153(1) of the Public Sector
Superannuation (Administration) Act 1993, no
benefit calculated under this section shall be less
than the benefit that would have been payable had
the member died before that section came into
operation.
66
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 45
45 Benefits for partner, children and adult children on
death of pensioner
(1) On the death of a pensioner, there shall be
payable—
(a) to the partner of the deceased pensioner if he
or she became the partner of the deceased
pensioner before the retirement of the
deceased pensioner, during the life of the
partner a pension equal to—
(i) two-thirds of the pension payable to the
deceased pensioner at the time of his
death; or
(ii) in the case of a deceased pensioner who
has under section 41A or section 42
converted part of his pension
entitlement to an equivalent entitlement
by way of a lump sum payment, twothirds of the pension that would have
been payable to the deceased at the
time of his death if he had not so
converted part of his pension—
S. 45
(Heading)
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.7),
amended by
No. 40/2010
s. 56(1).
S. 45(1)(a)
substituted by
No. 9978
s. 14(2) (as
amended by
No. 10087
s. 3(1)(Sch. 1
item 237)),
amended by
Nos 120/1994
s. 47(3),
27/2001
s. 5(Sch. 3
item 4.8).
(whichever is the greater) together with a
sum equal to the balance of any lump sum
held in an account in the deceased
pensioner's name in the Fund;
(b) in respect of each of the children and adult
children of the deceased pensioner, a pension
at the prescribed rate per annum7.
67
S. 45(1)(b)
amended by
No. 9978
s. 14(3),
substituted by
No. 120/1994
s. 47(4),
amended by
No. 40/2010
s. 56(2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 45
(2) Notwithstanding anything to the contrary in this
Part, a person shall not be entitled—
S. 45(2)(a)
amended by
Nos 49/1992
s. 90(b),
27/2001
s. 5(Sch. 3
item 4.8).
S. 45(2)(b)
repealed by
No. 49/1992
s. 90(b).
S. 45(3)
repealed by
No. 49/1992
s. 90(c),
new s. 45(3)
inserted by
No. 120/1994
s. 47(5),
amended by
No. 27/2001
s. 5(Sch. 3
item 4.8).
(a) to receive at any one time more than one
pension under this Act as the partner of a
deceased member or pensioner (but any
person who is entitled to a pension as the
partner of more than one deceased member
or pensioner shall be entitled to receive
whichever of the pensions is the greater);
*
*
*
*
(3) Despite anything to the contrary in this Part, only
one pension is payable in the case of the death of a
deceased member or pensioner to a partner and if
after the Board has made reasonable enquiries
more than one person should appear to the Board
to qualify for that pension then—
(a) if the member or pensioner has by request in
writing to the Board directed that the pension
be paid wholly to one of the persons
qualified to receive it or that each is to be
paid part, the Board must give effect to the
expressed intentions;
S. 45(3)(b)
amended by
No. 40/2010
s. 56(3).
S. 45(4)
repealed by
No. 49/1992
s. 90(c).
*
(b) if paragraph (a) does not apply, the Board
must determine in accordance with
section 46 which of the persons who
qualifies is to receive the pension or
apportion it between them as the Board
considers appropriate.
*
*
*
68
*
*
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 45
*
*
*
*
*
*
*
*
*
*
(6) If a person becomes the partner of a pensioner
after the pensioner's retirement, a pension is not
payable to the partner on the death of the
pensioner unless—
*
S. 45(5)
amended by
No. 9657
s. 13(3),
repealed by
No. 49/1992
s. 90(c).
S. 45(5A)
inserted by
No. 9657
s. 13(4),
repealed by
No. 49/1992
s. 90(c).
S. 45(6)
amended by
No. 9978
s. 12(2)(a)(b),
substituted by
No. 120/1994
s. 47(6),
amended by
No. 27/2001
s. 5(Sch. 3
item 4.8).
(a) at the time that the person became the
pensioner's partner, the pensioner was
receiving or entitled to receive a disability
retirement pension; or
S. 45(6)(a)
amended by
Nos 27/2001
s. 5(Sch. 3
item 4.8),
40/2010
s. 56(4).
(b) the person became the pensioner's partner at
least 3 years before the pensioner's death.
S. 45(6)(b)
amended by
No. 27/2001
s. 5(Sch. 3
item 4.8).
*
*
69
*
*
S. 45(7)
amended by
Nos 9400
s. 14, 10258
s. 10(za)(i)(ii),
120/1994
s. 47(7)(a),
27/2001
s. 5(Sch. 3
item 4.8),
repealed by
No. 40/2010
s. 57.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 46
S. 45(8)
amended by
Nos 120/1994
s. 47(7)(b),
27/2001
s. 5(Sch. 3
item 4.8).
(8) A person who becomes the partner of a pensioner
after the retirement of the pensioner shall not be
entitled to receive at the same time a pension as a
surviving partner and as a former member, but so
long as the partner would but for this subsection
be entitled to both such pensions, the partner shall
be entitled to receive whichever of the pensions is
the greater.
S. 45(9)
amended by
Nos 120/1994
s. 47(7)(c),
27/2001
s. 5(Sch. 3
item 4.8).
(9) On the death of a pensioner who does not have a
partner there shall be paid to his personal
representative the balance of any lump sum held
in an account in the deceased pensioner's name in
the Fund.
S. 46
amended by
Nos 9657
s. 14, 10155
s. 81(1)(a)–(e),
10258
s. 10(zb),
81/1988
s. 22(1)(e)
(i)–(iii),
repealed by
No. 120/1994
s. 48,
new s. 46
inserted by
No. 40/2010
s. 58.
46 Board's discretion to determine qualifying partners
(1) In making a determination under section 45(3)(b),
the Board must consider all of the circumstances
of the relationship between the deceased member
or pensioner and each person who may qualify for
a pension as a partner or former partner of the
deceased member or pensioner, including, if
applicable—
(a) the period of time for which that person was
in a relationship with the member or
pensioner;
(b) the period of time since the relationship
between that person and the member or
pensioner ended;
(c) the financial dependency of that person on
the member or pensioner at the date of death
of the member or pensioner;
(d) whether that person has any dependent
children from his or her relationship with the
member or pensioner;
(e) any submissions made by that person to the
Board under subsection (2);
70
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 47
(f) any other factor that the Board considers
relevant.
(2) A person who was the partner of the deceased
member or pensioner may make written
submissions to the Board as to his or her
eligibility for a pension as a partner or former
partner of the deceased member or pensioner.
47 Pension to child or adult child if no surviving
partner8
If on the death of a member or pensioner—
S. 47
(Heading)
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.9),
amended by
No. 40/2010
s. 59(1).
S. 47
substituted by
Nos 9657
s. 15, 9978
s. 14(4) (as
amended by
No. 10087
s. 3(1)(Sch. 1
item 238)),
amended by
No. 10258
s. 10(zc)(i)(ii),
substituted by
No. 120/1994
s. 49,
amended by
No. 40/2010
s. 59(2).
(a) a pension is payable in respect of a child or
adult child under section 44 or 45; and
(b) no other person is entitled to a benefit under
section 44(1)(a), 44(1)(b) or 45(1)(a)—
there is to be paid to such person as the Board
directs on behalf of the child or adult child in
addition to the pension under section 44 or 45 a
pension at the prescribed rate per annum.
71
S. 47(a)
amended by
No. 40/2010
s. 59(2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 48
S. 48
(Heading)
inserted by
No. 27/2001
s. 5(Sch. 3
item 4.10),
amended by
No. 40/2010
s. 60(1).
S. 48
amended by
No. 27/2001
s. 5(Sch. 3
item 4.11) ,
amended by
No. 40/2010
s. 60(2).
S. 49
(Heading)
inserted by
No. 40/2010
s. 61(1).
S. 49(2)
substituted by
No. 120/1994
s. 50.
48 Payments for children and adult children where
partner dies
Where a pension in respect of any children or
adult children is payable under this Part to a
partner, the pension shall if the partner dies be
payable to such person or persons as the Board
directs on behalf of and for the benefit of the
children or adult children and shall be at the rate
of $1300 per annum.
49 Pension payable for life except in certain cases
(1) Except where otherwise provided in this Act a
pension shall be payable during the life of the
person entitled thereto.
(2) A pension in respect of a child is payable until the
end of the fortnightly pay period in which—
(a) the child ceases to be a child; or
(b) dies—
whichever is the earlier.
(3) The Board may at any time require such evidence
as it thinks fit in order to decide whether or not a
child is a full-time student.
S. 49(3A)
inserted by
No. 40/2010
s. 61(2).
(3A) A pension in respect of an adult child is payable
until the end of the fortnightly pay period in
which—
(a) the Board ceases to be satisfied that he or she
is an adult child; or
(b) he or she dies—
whichever is the earlier.
72
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 50
(4) Notwithstanding anything in this Act any money
payable out of the Fund in respect of a child or
adult child may, at the discretion of the Board, be
paid to such person as the Board directs on behalf
of and for the benefit of the child or adult child or
expended by the Board for the benefit of the child
or adult child.
S. 49(4)
amended by
No. 40/2010
s. 61(3).
50 Pensions payable fortnightly
(1) Subject to subsection (3) pensions shall be
payable in fortnightly instalments.
(2) In order to ascertain the amount of an instalment
of a pension covering a period of a fortnight the
annual pension shall be divided by 26.
(3) Pensions in respect of student children or of an
amount being less than 15 per centum of the
minimum wage may be paid quarterly in arrears.
51 Where pensioner re-employed by Crown pension
may be reduced
(1) Despite anything to the contrary in this Act, any
pension payable under this Act (other than a
disability pension) to a pensioner who continues
to be an employee and who is—
(a) employed in the service of the Crown; or
*
*
*
*
*
must be reduced by the amount (if any) by which
the sum of the remuneration that the pensioner is
entitled to receive in respect of his or her
employment in the service of the Crown and any
pension otherwise payable to the pensioner under
this Act (other than a disability pension) exceeds
73
S. 51(1)
substituted by
No. 58/1987
s. 10(a)(i),
amended by
Nos 64/1989
s. 36(3)(a)(ii),
4/1996
s. 100(1)(a)(b).
S. 51(1)(b)
repealed by
No. 64/1989
s. 36(3)(a)(i).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 51
95 per centum of the current equivalent of the
salary on retirement of the pensioner.
S. 51(1A)
inserted by
No. 58/1987
s. 10(a)(i),
repealed by
No. 64/1989
s. 36(3)(b).
*
*
*
*
*
(2) In this section—
current equivalent of the salary on retirement in
relation to a pensioner means such salary as
the Board from time to time determines as,
having regard to general increases in salary
that have occurred since the retirement of the
pensioner, being equivalent at any relevant
time to the salary that was payable to the
pensioner immediately prior to his
retirement;
S. 51(2) def. of
employed in
the service of
the Crown
amended by
Nos 10258
s. 10(zd),
58/1987
s. 10(a)(ii)(A)
(B), 120/1994
s. 52(b),
46/1998
s. 7(Sch. 1),
108/2004
s. 117(1)
(Sch. 3
item 186.4),
24/2006
s. 6.1.2(Sch. 7
item 37.3).
employed in the service of the Crown in relation
to a pensioner means a person employed
under a contract of service—
(a) by the Crown whether or not exempt
from the operation of the Public
Administration Act 2004, the
Education and Training Reform Act
2006 or otherwise; or
(b) by any body created by or under any
Act of Parliament; or
(c) by any other body that the Governor in
Council, on the recommendation of the
Minister, by Order published in the
Government Gazette, declares to be a
body to which this paragraph applies—
whether the contract relates to permanent
temporary casual full-time part-time or other type
of employment.
74
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 51A
(3) This section does not apply to the payment of a
pension to a pensioner who is in receipt of a
pension under section 44 or section 45.
51A Entitlement to pension
(1) The entitlement of a former member to receive a
pension under this Act ceases if any part of any
entitlement under this Act or membership of the
State Superannuation Fund and the Fund is
recognised as entitlement towards any benefit in a
complying superannuation fund and there is a
transfer of assets from the Fund to that complying
superannuation fund in accordance with
subsection (2), on the day determined by the
Board.
S. 51A
inserted by
No. 4/1996
s. 101.
S. 51A(1)
amended by
No. 94/2005
s. 33(1).
(2) The Board must on the recommendation of an
actuary transfer from the Fund to the relevant
complying superannuation fund an amount
certified by the actuary to be equivalent to the
former member's entitlement under this Act.
(3) The Board is released from any liability to make
any further payments to, or in respect of, any
entitlement of the former member or of any of his
or her dependants.
(4) The entitlement of a former member to receive a
pension under this Act does not cease if the
entitlement under this Act or membership of the
State Superannuation Fund and the Fund is not
recognised as entitlement towards any benefit in a
complying superannuation fund.
75
S. 51A(4)
amended by
No. 94/2005
s. 33(2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 52
52 Definition of partial disability pensioner
In this Part unless inconsistent with the context or
subject-matter—
S. 52 def. of
disability
repealed by
No. 10258
s. 10(ze).
*
*
*
*
*
partial disability pensioner means a pensioner
entitled to disability benefits whose benefits
the Board has determined to reduce under
section 56.
53 Disability benefits
Subject to this Part, where a member retires before
he attains the age of 60 years with the consent of
the Board on the ground of disability he is
entitled, on such retirement, to disability benefits
in accordance with this Part.
54 Board to make determination as to entitlement to
disability benefits
S. 54(1)
amended by
Nos 10258
s. 10(zf),
82/1996
s. 53(a).
(1) Where a member applies to the Board to retire on
the grounds of disability the Board shall in its
absolute discretion make a determination as
follows—
S. 54(1)(a)
amended by
No. 82/1996
s. 53(b).
(a) refuse to grant an entitlement to disability
benefits where the Board decides that the
member is not suffering from a disability;
S. 54(1)(b)
amended by
Nos 9978
s. 11(a),
82/1996
s. 53(c).
(b) grant temporary benefit payments for a
period not exceeding six months, where in
the opinion of the Board the member's health
might vary substantially in that period; or
S. 54(1)(c)
amended by
No. 40/2010
s. 62.
(c) grant an entitlement to full disability
benefits.
76
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 55
(2) The Board may in its absolute discretion grant
further temporary benefit payments for a period
not exceeding six months in addition to that
granted under paragraph (b) of subsection (1).
S. 54(2)
amended by
Nos 9978
s. 11(b),
82/1996
s. 53(c).
(3) A temporary benefit payment granted under
subsection (1)(b) or subsection (2) shall be
payable fortnightly at a rate equal to one half of
the salary of the member immediately prior to the
determination.
S. 54(3)
substituted by
No. 9978
s. 11(c),
amended by
Nos 82/1996
s. 53(c),
74/2000
s. 3(Sch. 1
item 115.2).
(4) During or immediately after any period granted
pursuant to subsection (1)(b) or (2) the Board
shall make a determination whether the member is
or is not disabled.
S. 54(4)
amended by
No. 82/1996
s. 53(d)(e).
(5) Where the Board is satisfied that the member is
not disabled and refuses to return to his or her
employer before the expiration of 14 days after
the Board advises him of the determination of the
Board, the member shall not be entitled to
disability benefits and shall be deemed to have
resigned as at the date of the determination made
under subsection (1)(a) or (4).
S. 54(5)
amended by
No. 82/1996
s. 53(f)(g).
55 Disability benefit entitlements
(1) Subject to section 28 a member who is entitled to
disability benefits is entitled to—
(a) a lump sum equal to the lump sum which
would have been payable pursuant to this
Part if he had died on the day on which he
was retired which shall be credited to an
account which shall be opened in the
member's name in the Fund;
77
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 55
(b) the pension which would have been payable
on the member attaining the age of 60 years
if his adjusted final salary at the date of his
retirement had been his adjusted final salary
on that birthday and counting the years of
service which would have been completed
by that age.
S. 55(1)(b)
amended by
No. 110/1993
ss 150(2),
153(1).
S. 55(1A)
inserted by
No. 81/1988
s. 23,
repealed by
No. 64/1989
s. 36(3)(c).
S. 55(2)
amended by
No. 9657 s. 16,
substituted by
No. 58/1987
s. 10(b)(i),
amended by
No. 64/1989
s. 36(3)(d).
*
*
*
*
*
(2) The Board must pay from a beneficiary's account
established pursuant to subsection (1)(a) to the
beneficiary or to such other person as the Board
thinks fit on behalf of the beneficiary such
instalments or a single payment as may be decided
by the Board.
S. 55(2A)
inserted by
No. 58/1987
s. 10(b)(i).
(2A) The balance of a beneficiary's account accrues
interest (compounded on 1 July each year) at rates
that are determined by the Board having regard to
the investment earnings of the Fund.
S. 55(2B)
inserted by
No. 58/1987
s. 10(b)(i).
(2B) The total amounts payable to a beneficiary from a
beneficiary's account (excluding payments under
subsection (2)) shall not be less than 10 per
centum of the current equivalent of the salary
on retirement of the beneficiary (within the
meaning of section 51) for each complete year
during which contributions have been paid, not
exceeding 30.
78
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 55
(3) The Board must pay the balance of a beneficiary's
account—
(a) to the member when the member attains the
age of 60 years; or
S. 55(3)
amended by
No. 58/1987
s. 10(b)(ii),
substituted by
No. 27/2001
s. 5(Sch. 3
item 4.12).
S. 55(3)(a)
amended by
No. 40/2010
s. 63.
(b) if the member dies sooner—on the member's
death to the member's partner or, if the
member does not leave a partner, to the
member's personal representative.
*
*
*
*
*
S. 55(3A)
inserted by
No. 58/1987
s. 10(b)(iii),
repealed by
No. 64/1989
s. 36(3)(e).
(4) Any pension shall, subject to this Part, be payable
until the person receiving it dies.
(5) Notwithstanding anything in this Act, a pension
payable pursuant to paragraph (b) of subsection
(1) shall be paid from such date (not being later
than the date of the retirement of the member) as
the Board in its discretion determines.
S. 55(5)
inserted by
No. 10258
s. 10(zg).
(6) Where a member who is entitled to disability
benefits was before retiring absent from duty on
the ground of disability and the member's
entitlement to paid leave expired before the date
of the member's retirement, the member may,
notwithstanding subsection (5), at the date of the
member's retirement elect to—
S. 55(6)
inserted by
No. 10258
s. 10(zg).
79
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 56
(a) receive benefits calculated from the date on
which the member ceased to be entitled to
paid leave at the rate applicable to the
member's salary at that date; or
(b) receive benefits at the rate applicable to the
member's salary at the date of the member's
retirement.
S. 55(7)
inserted by
No. 10258
s. 10(zg).
(7) If a member elects to receive benefits under
paragraph (a) of subsection (6), the member is
entitled to a refund of any contributions made by
the member after the date on which the member's
entitlement to paid leave expired.
S. 55(8)
inserted by
No. 110/1993
s. 153(3).
(8) Despite the amendment of this section by section
153(1) of the Public Sector Superannuation
(Administration) Act 1993, no benefit calculated
under this section shall be less than the benefit
that would have been payable had the member
become entitled to disability benefits before that
section came into operation.
56 Board may review condition of recipient of
disability benefits
(1) The Board may at any time review the question as
to whether a member receiving disability benefits
still suffers from a disability and, if it so
determines, review the extent of disability.
S. 56(2)
substituted by
No. 10258
s. 10(zh)(i).
(2) If the Board determines that a member is gainfully
employed it may—
(a) reduce benefits; or
S. 56(2)(b)
amended by
No. 4/1996
s. 100(2).
(b) suspend benefits; or
S. 56(2)(c)
inserted by
No. 4/1996
s. 100(2).
(c) cancel benefits.
80
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 57
(2A) For the purposes of this section a member is to be
taken as gainfully employed if the member is
receiving remuneration that is derived wholly or
partly from labour provided by the member
whether under a contract of service or otherwise.
*
*
*
*
*
S. 56(2A)
inserted by
No. 10258
s. 10(zh)(i).
S. 56(3)
amended by
No. 10258
s. 10(zh)(ii),
repealed by
No. 4/1996
s. 100(3).
(4) A determination to reduce, suspend or cancel
benefits shall not take effect for a period of
3 months from the date of the determination.
S. 56(4)
amended by
Nos 10258
s. 10(zh)(iii)
(A)(B), 4/1996
s. 100(4).
(5) The Board may from time to time review a
determination to reduce benefits and may, in its
discretion, further reduce benefits or increase
benefits or cancel benefits.
S. 56(5)
inserted by
No. 10258
s. 10(zh)(iv),
amended by
No. 4/1996
s. 100(5).
(6) The Board may at any time require a member
receiving disability benefits to provide to the
Board within 45 days such returns and
information relating to the financial circumstances
of the member as the Board may require for the
purposes of this section and if the member fails or
refuses to do so the Board may suspend or cancel
the disability benefits and thereupon they shall
cease to be payable.
S. 56(6)
inserted by
No. 10258
s. 10(zh)(iv).
57 Payments at age 65 and on death before age 65 of a
partial disability pensioner
(1) When a disability benefit is reduced the balance of
the beneficiary's account arising from lump sum
benefits shall be reduced in the same proportion as
the rate of disability pension.
81
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 57
(2) On the attainment of age 65 by a partial disability
pensioner—
(a) the pension then payable shall be increased if
necessary to the rate of pension that the
member would have been entitled to receive
if he had resigned on the day his disability
benefits were first reduced according to
section 56 and had elected to receive a
deferred benefit;
(b) a lump sum would be paid equal to the
greater of—
(i) the balance of his beneficiary's account;
and
(ii) an amount calculated by deducting
from the lump sum he would have been
entitled to receive if he had resigned on
the day his disability benefits
commenced and had elected to receive
a deferred benefit the sum of—
D
TP
—
T
where D is the total of payments from
his beneficiary's account since the date
of his disability T is the total years of
employment taken into account in
calculating benefits at the date of his
disability including, where appropriate,
prospective employment and P is the
number of years of prospective
employment included in T.
82
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 58
(3) Subject to section 45, on the death before age
65 of a partial disability pensioner there shall be
paid—
(a) to the partner of the deceased pensioner
during the life of the partner a pension of an
amount equal to two-thirds of the pension
which would have been payable to the
pensioner pursuant to subsection (2) if he
had attained the age of 65 at the date of his
death;
S. 57(3)(a)
amended by
No. 27/2001
s. 5(Sch. 3
item 4.13).
(b) to the partner of the deceased pensioner a
lump sum equal to the lump sum which
would have been payable to the pensioner
pursuant to subsection (2);
S. 57(3)(b)
amended by
No. 27/2001
s. 5(Sch. 3
item 4.13).
(c) in respect of each of the children of the
deceased pensioner, a pension in accordance
with section 45(1)(b).
S. 57(3)(c)
substituted by
No. 120/1994
s. 51.
(4) If a partial disability pensioner dies before the age
of 65 without leaving a partner, the Board must
pay the balance of any lump sum held in the
pensioner's name in the Fund to the pensioner's
personal representative.
S. 57(4)
substituted by
No. 27/2001
s. 5(Sch. 3
item 4.14).
58 Increase of benefits
When a partial disability benefit is increased
(whether or not it is increased to full benefits) the
balance of the beneficiary's account arising from
lump sum benefits shall be increased to the
amount which, having regard to instalments
actually paid, would have been the balance if the
new level of benefit was the result of the first
review of the disability benefit.
59 Discontinuance of benefits
(1) On attainment of age 65 by a former disability
pensioner where the member has not again
become a contributor after first becoming a
83
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 60
disability pensioner then the provisions of section
57(2) shall apply.
(2) On the death of a former disability pensioner
before age 65 where the member has not again
become a contributor after first becoming a
disability pensioner then the provisions of
subsections (3) and (4) of section 57 shall apply.
S. 59(3)
amended by
No. 40/2010
s. 64.
S. 60
amended by
Nos 10258
s. 10(zi)(i),
82/1996 s. 54.
(3) Where a member again becomes a contributor,
then additional benefits shall be payable as
calculated actuarially and the medical
classification of the member, if any, is
disregarded.
60 Where Board determines pensioner able to
undertake employment
Where the Board determines that a disability
pensioner is no longer suffering from a disability,
it shall forthwith notify his employer and in the
event that—
S. 60(a)
amended by
Nos 10258
s. 10(zi)(ii),
4/1996
s. 102(1)(a)(b).
(a) he is offered employment by his former
employer which the former employer
certifies to the Board is employment that the
pensioner is suited by education, training or
experience or would be suited as a result of
retraining at a salary not less than the salary
appropriate at the time of such offer to the
grade in which he was employed at the time
of his retirement, the Board must, from the
date nominated by his employer for
commencement of his duties (whether or not
he accepts such employment) cancel the
disability benefits and thereupon they shall
cease to be payable;
S. 60(b)
amended by
Nos 10258
s. 10(zi)(iii),
4/1996
s. 102(2)(a)(b).
(b) he is offered employment by his former
employer at a salary less than the salary
appropriate at the time of such offer to the
grade in which he was employed at the time
84
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 60A
of his retirement because the pensioner is
unable to perform the previous duties due to
ill health, the Board may pay that part of his
pension to him as is necessary to raise the
aggregate of his salary and his pension to
such salary as far as his pension permits;
*
*
*
*
*
60A Disability pensioner retiring due to ill health
(1) If the Board has made a determination that a
disability pensioner who has not attained the age
of 60 years is again able to perform his or her
duties or any other duties for which the disability
pensioner is suited by education, training or
experience or for which the disability pensioner
would be suited as a result of retraining, the
former disability pensioner may within the
prescribed period apply to the Board to retire on
the grounds of ill health and receive a payment
under this section.
(2) If the Board determines that the application should
be granted, the Board must pay the former
disability pensioner a lump sum benefit—
(a) calculated under section 34A(a) on the total
amount of contributions up to the date that
the disability benefit was first granted; and
(b) increased by the interest rate determined by
the Board under section 37(1)(a) for each
year or part of a year between that date and
the date of the determination.
85
S. 60(c)
amended by
Nos 10258
s. 10(zi)(iv),
58/1987
s. 11(1)(l),
repealed by
No. 102/1995
s. 19.
S. 60A
inserted by
No. 102/1995
s. 20.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 62
(3) If the former disability pensioner accepts a
payment under subsection (2), the Board is
released from any liability to make any further
payments to, or in respect of, any entitlement of
the former disability pensioner or of any of his or
her dependants and this Act ceases to apply to the
former disability pensioner.
(4) In this section, prescribed period means—
(a) if the former disability pensioner does not
apply for a review of the determination
specified in subsection (1), the period of
90 days after the determination; and
(b) if the former disability pensioner does apply
for a review of the determination specified in
subsection (1), the period of 30 days after—
(i) the Board confirms the determination
on review; or
S. 60A(4)(b)(ii)
substituted by
No. 52/1998
s. 311(Sch. 1
item 83.1).
S. 61
repealed by
No. 13/1999
s. 11.
(ii) in the case of an application to the
Victorian Civil and Administrative
Tribunal, the Tribunal affirms the
determination on review.
*
*
*
*
*
62 Recipient of disability benefits not to make
contributions
Notwithstanding section 22 a recipient of
disability benefits shall not make contributions to
the Fund.
86
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 63
63 Board to receive medical report when determining
question of disability
(1) Where a question arises as to whether a recipient
of disability benefits is disabled or as to the extent
of any disability from which a recipient of
disability benefits is suffering, the question shall
be determined by the Board after receiving reports
from at least 2 registered medical practitioners
nominated by the Board.
S. 63(1)
amended by
Nos 49/1992
s. 91(a),
23/1994
s. 118(Sch. 1
item 53.5).
(2) Upon receipt by the Board of adverse reports from
the registered medical practitioners nominated by
the Board and before a determination is made the
member shall have the right to obtain a further
report from a registered medical practitioner
mutually agreed upon by the member and the
Board.
S. 63(2)
amended by
Nos 9752 s. 3,
49/1992
s. 91(b)(i)(ii),
23/1994
s. 118(Sch. 1
item 53.5).
63A Disclosure of contents of medical reports
(1) Within 28 days of the receipt of a medical report
under this Part, 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.
S. 63A
inserted by
No. 40/2010
s. 65.
(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.
*
*
*
87
*
*
S. 64
amended by
No. 9657
s. 17(a)(b),
substituted by
No. 10258
s. 10(zj),
repealed by
No. 40/2010
s. 66.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 65
S. 65
amended by
No. 70/2003
s. 14 (ILA
s. 39B(1)).
65 Minimum benefits
S. 65(1)
amended by
No. 40/2010
s. 67.
(1) Notwithstanding anything in this Act, the
minimum benefits (including any amount certified
by an actuary as necessary to pay any pension
payable to the children or adult children of a
member) payable in respect of a member under
this Act shall be a sum as determined under
section 37.
S. 65(2)
inserted by
No. 70/2003
s. 14,
substituted by
No. 40/2004
s. 26,
amended by
No. 94/2005
s. 34.
(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 specified rate under section 37(1) up
to the date that the member or former member
first became entitled to a benefit under this Act
other than a temporary benefit, 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
where—
P means the amount to be paid;
I means interest as appropriate on "A" at the
rate which is the specified rate under section
37(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
88
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 65
where—
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 specified
rate under section 37(1) up to the date that
the member or former member first became
entitled to a benefit under this Act other than
a temporary benefit less the cost of death and
disability benefits as determined by the
Board and Commonwealth charges;
B means the total amount of all the benefits
paid or payable in respect of the member or
former member.
(3) Unless subsection (4) or (5) 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 benefit under
section 54, irrespective of when the benefit is
payable.
S. 65(3)
inserted by
No. 40/2004
s. 26.
(4) If a member or former member becomes entitled
to another benefit under this Act other than a
temporary benefit under section 54 after having
returned to work following a period as a disability
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.
S. 65(4)
inserted by
No. 40/2004
s. 26.
89
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 65
S. 65(5)
inserted by
No. 40/2004
s. 26.
(5) If a member or former member who had elected to
receive all or a part of his or her entitlements
under this Act as a deferred benefit—
(a) dies before the deferred benefit becomes
payable; and
(b) does not leave a partner entitled to a pension
under this Act—
the Board must pay out of the Fund to the legal
personal representative of the member or former
member, in addition to any amount payable under
section 38(3)(b) or 38(3)(c), an amount equal to
the superannuation guarantee amount determined
by the Board.
S. 65(6)
inserted by
No. 40/2004
s. 26.
(6) 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.
S. 65(7)
inserted by
No. 40/2004
s. 26.
(7) The Board may determine that an amount
determined as payable under this section is to be
applied to increase a pension payable to or in
respect of a member or former member in a
manner determined by the Board after obtaining
the advice of an actuary appointed by the Board.
S. 65(8)
inserted by
No. 40/2004
s. 26.
(8) Any part of the superannuation guarantee amount
which is required to be preserved in accordance
with the specified standards must be preserved.
S. 65(9)
inserted by
No. 40/2004
s. 26.
(9) 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 IVA or
otherwise, the minimum benefit of the member
spouse must be adjusted by the Board in
accordance with a methodology approved by the
90
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 65A
Minister, on the advice of an actuary appointed by
the Board.
(10) 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.
S. 65(10)
inserted by
No. 40/2004
s. 26.
(11) The amount determined by the Board for the
purpose of subsection (10) is to be determined as
if no election had been made under
section 23(2A).
S. 65(11)
inserted by
No. 40/2004
s. 26.
65A 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.
91
S. 65A
inserted by
No. 110/1993
s. 154,
repealed by
No. 82/1996
s. 55,
new s. 65A
inserted by
No. 84/1998
s. 43.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IV—Pensions and Benefits
s. 66
(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.
S. 66
amended by
No. 27/2001
s. 5(Sch. 3
item 4.15).
66 Amount of gratuity to be deducted
An amount equal to any amount paid as a gratuity
to the member or his partner or children pursuant
to the provisions of any Act or award (other than a
gratuity payable on retrenchment) which relates to
any part of the period of service as an employee
which is taken into account for the calculation of
benefits under this Act shall be deducted from the
benefits payable under this Act.
__________________
92
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AA
PART IVA—FAMILY LAW PROVISIONS
Pt 4A
(Heading and
ss 66AA–
66AG)
inserted by
No. 70/2003
s. 15.
S. 66AA
inserted by
No. 70/2003
s. 15.
66AA 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;
93
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AA
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;
S. 66AA(1)
def. of
RSA
repealed by
No. 40/2004
s. 20(5).
*
*
*
*
specified period means the period which is
specified to be the specified period in the
specified standards;
94
*
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AA
splitting order means an order mentioned in
section 90MT of the Commonwealth Family
Law Act 1975;
spouse has the meaning given by section 90MD of
the Commonwealth Family Law Act 1975;
S. 66AA(1)
def. of
spouse
inserted by
No. 38/2009
s. 26(a).
superannuation agreement has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
S. 66AA(1)
def. of
superannuation
agreement
amended by
No. 38/2009
s. 26(b).
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.
95
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AB
(2) A reference to the transfer of an amount is to be
construed as including a reference to the rollover
of an amount.
S. 66AB
inserted by
No. 70/2003
s. 15.
66AB Accrued benefit multiple
S. 66AC
inserted by
No. 70/2003
s. 15.
66AC Obligation on Board
S. 66AC(1)
amended by
No. 38/2009
s. 27(1).
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.
(1) Subject to subsections (5) and (6), the Board must
comply with this section if—
(a) a superannuation agreement which provides
for a payment split; or
(b) a flag lifting agreement which provides for a
payment split; or
(c) a splitting order—
is served on the Board under Part VIIIB or
VIIIAB of the Commonwealth Family Law Act
1975.
(2) This section also applies to—
(a) a superannuation agreement which provides
for a payment split; or
(b) a flag lifting agreement which provides for a
payment split; or
(c) a splitting order—
which was served on the Board under Part VIIIB
of the Commonwealth Family Law Act 1975
before the commencement of section 15 of the
Superannuation Acts (Family Law) Act 2003 if
96
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AC
the non-member spouse's entitlements in respect
of the superannuation interest have not been
satisfied as at that commencement.
(2A) This section also applies to—
(a) a superannuation agreement which provides
for a payment split; or
(b) a flag lifting agreement which provides for a
payment split; or
(c) a splitting order—
which was served on the Board under Part VIIIAB
of the Commonwealth Family Law Act 1975
before the commencement of section 27 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 nonmember spouse's entitlement in respect of
97
S. 66AC(2A)
inserted by
No. 38/2009
s. 27(2).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AC
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 nonmember spouse; or
(c) if no request is received from the nonmember 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
98
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AD
(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 nonmember 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.
66AD Reduction of benefit or accrued benefit entitlement
Despite anything to the contrary in this Act, if
under section 66AC 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.
99
S. 66AD
inserted by
No. 70/2003
s. 15.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AE
S. 66AE
inserted by
No. 70/2003
s. 15.
66AE 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. 66AF
inserted by
No. 70/2003
s. 15.
66AF Commutation rights not affected
S. 66AG
inserted by
No. 70/2003
s. 15.
66AG Charging of fees
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.
(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 66AE.
100
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part IVA—Family Law Provisions
s. 66AG
(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.
_______________
101
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 66A
PART V—GENERAL
S. 66A
inserted by
No. 13/1999
s. 10.
S. 67
amended by
No. 9400 s. 15,
substituted by
No. 10155
s. 81(2).
66A 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.
67 Review of decisions of the Board
(1) A person who is affected by a decision of the
Board may, by notice in writing given to the
Board within 30 days after the date on which the
decision first comes to the notice of the person,
request the Board to reconsider the decision.
(2) The Board may, upon application in writing by a
person, extend, or further extend, the time for the
giving of a notice to the Board requesting the
Board to reconsider a decision.
(3) There shall be set out in the request the grounds
on which the request is made.
(4) Upon receipt of the request, the Board shall
reconsider the decision, and may either confirm
the decision or vary the decision in such manner
as the Board thinks fit.
(5) The Board shall within 30 days after receipt of the
request, by notice in writing to the person who
made the request, inform the person of the result
of the Board's reconsideration of the decision.
S. 67(6)
substituted by
No. 52/1998
s. 311(Sch. 1
item 83.2).
(6) A person whose interests are affected by—
(a) a decision of the Board under subsection (2);
or
102
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 68
(b) a decision of the Board under subsection (2)
as confirmed or varied under
subsection (4)—
may apply to the Victorian Civil and
Administrative Tribunal for review of the
decision.
(7) An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made;
S. 67(7)
inserted by
No. 52/1998
s. 311(Sch. 1
item 83.2).
(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.
68 Early release of benefits
(1) The Board may approve the early release of part
or all of the vested benefit of a contributor or
former contributor 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.
103
S. 68
repealed by
No. 10155
s. 81(2),
new s. 68
inserted by
No. 82/1996
s. 56.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 68A
S. 68A
inserted by
No. 9400 s. 16.
68A Permanent employees may be required to transfer
etc. assets etc.
(1) In this Part—
S. 68A(1)
def. of
scheme of
superannuation
amended by
No. 27/2001
s. 5(Sch. 3
item 4.16).
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
employees or former employees or for the
surviving partners, children, dependants or
legal personal representatives of employees
or former employees.
(2) Where permanent employees are contributors to
or subject to a scheme of superannuation already
established, they may be required in accordance
with the regulations—
(a) to transfer, assign, hand over or pay (as the
case requires) to the Board all or any part of
the assets administered under the scheme;
(b) to have their benefits under this Act reduced
in proportion to benefits they receive or are
entitled to receive under the scheme.
S. 68B
inserted by
No. 9400 s. 16.
68B Information to be supplied
Within one month after receiving a request in
writing to do so, the trustees or managers of any
scheme of superannuation shall furnish to the
Board a statement of the assets and liabilities of
the scheme, and such other particulars relating to
the scheme and to persons contributing to any
fund administered under the scheme as the Board
requires.
104
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 68C
68C Transfer of assets to Board
The Board may at any time by notice in writing
served upon the trustees or managers of the
scheme of superannuation require them to
transfer, assign, hand over or pay (as the case
requires) to the Board all such assets as are
specified by the Board.
68D Board to have power to deal with policies
Where a policy of life insurance is handed over to
the Board under this Part, but the person upon
whose life the policy was issued retains a power
of dealing with or receiving money under that
policy, the Board shall be deemed to be the
continuing agent of that person for all purposes in
connexion with the policy.
68E Board may pay administrator
The Board may pay to the administrators, trustees
or managers of any scheme of superannuation that
part of the cash value of the fund of the scheme as
certified by an actuary which may reasonably be
stated to have arisen from the employer's
contributions to the scheme which is applicable to
such permanent employees as become entitled to
benefits under this Act.
68F Board may open accounts etc.
The Board may open an account in the Fund in the
name of a permanent employee to which may be
credited that part of the accumulated value of the
scheme applicable to his equity in that scheme
together with interest thereon as determined by an
actuary.
105
S. 68C
inserted by
No. 9400 s. 16.
S. 68D
inserted by
No. 9400 s. 16.
S. 68E
inserted by
No. 9400 s. 16.
S. 68F
inserted by
No. 9400 s. 16,
amended by
No. 10258
s. 10(zk).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 68G
S. 68G
inserted by
No. 9400 s. 16.
68G Member to receive amount in account on ceasing to
be employed
When a member ceases to be employed before he
attains 60 years other than on account of his
retirement, disability or death he shall be entitled
to receive the amount standing to his credit in
such account.
S. 68H
inserted by
No. 9400 s. 16.
68H On retirement balance of account additional to
lump sum entitlement
In the event of a member's retirement because of
age or disability or his death the balance of such
account shall be deemed to be an addition to his
lump sum entitlement.
69 Power of Board to acquire information about
contributors for purposes of administering the Act
(1) The Board may at any time require—
S. 69(1)(a)
amended by
Nos 84/1998
s. 44(1),
40/2010
s. 68(1).
(a) the permanent head of any Department of the
Government or any other person or body
who or which employs or uses the services
of a person who is an employee within the
meaning of this Act to furnish such returns
and information with respect to any such
person as the Board may require for the
purpose of the administration of the Fund,
including without limiting the generality of
the foregoing, particulars of the name, sex,
date of birth, date of appointment, date of
commencement of duty, hours of duty and
changes in hours of duty, rate of salary and
changes in the rate of salary, and tax file
number, of such person;
106
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 69A
(b) any member, employee or pensioner or the
partner or child of any deceased member,
employee or pensioner to furnish such
returns and information as the Board may
require for the purposes of the administration
of the Fund.
(2) Every person who, without reasonable excuse,
fails, neglects or refuses to furnish the information
required of him under this Act shall be liable to a
penalty of not more than 10 penalty units.
69A Continued application of member classification
provisions
Despite the repeal of sections 28, 29, 30, 31,
44(2), 64 and 70 by sections 51, 55, 66 and 70 of
the Superannuation Legislation Amendment
Act 2010, and the amendment of section 32 by
section 52 of the Superannuation Legislation
Amendment Act 2010, those sections, as in force
immediately before the commencement of those
repeals and that amendment, continue to apply to
any person who was a pensioner immediately
before the commencement of those repeals and
that amendment.
*
*
*
107
*
*
S. 69(1)(b)
amended by
Nos 58/1987
s. 11(1)(m)(i)
(ii), 27/2001
s. 5(Sch. 3
item 4.17),
40/2010
s. 68(2).
S. 69(2)
amended by
Nos 9978
s. 16(1),
58/1987
s. 11(1)(n),
84/1998
s. 44(2).
S. 69A
inserted by
No. 40/2010
s. 69.
S. 70
amended by
No. 10155
s. 81(3),
repealed by
No. 40/2010
s. 70.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 70A
S. 70A
inserted by
No. 9978 s. 15,
substituted by
No. 70/2003
s. 16.
S. 70A(1)
amended by
No. 37/2007
s. 24(1).
70A Assignment or charging of interest
(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. 70A(3)
inserted by
No. 37/2007
s. 24(2).
(3) If on the death of a member the Board is satisfied
that there is no personal representative, the Board
may pay any money payable to the member or to
his or her estate to a person the Board considers
appropriate in the circumstances.
S. 70A(4)
inserted by
No. 37/2007
s. 24(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. 70B
inserted by
No. 40/2004
s. 27,
substituted by
No. 40/2010
s. 71.
70B 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,
108
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 71
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.
71 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.
72 Regulations
(1) The Governor in Council may, on the
recommendation of 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, and in
particular for or with respect to—
(a) the holding of elections and extraordinary
elections of contributors' representatives for
appointment to the Board;
(b) forms to be used for the purposes of this Act;
109
S. 71
amended by
Nos 9400
s. 17, 9657
s. 18.
S. 72
amended by
No. 49/1992
s. 92(a).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 72
(c) making such provision as the circumstances
require with respect to employees to whom
this Act applies who are contributors to or
subject to schemes of superannuation and
like schemes already established by their
employers;
(d) making such provision as the circumstances
require for officers, employees or persons or
classes of officers, employees or persons to
whom this Act applies by an Order made
under section 2;
S. 72(1)(e)
amended by
No. 9978
s. 16(2).
S. 72(2)
inserted by
No. 49/1992
s. 92(b),
repealed by
No. 4/1996
s. 92(1).
S. 72(3)
inserted by
No. 49/1992
s. 92(b),
amended by
Nos 4/1996
s. 92(3),
78/2010
s. 24(Sch. 1
item 28).
S. 72(4)
inserted by
No. 49/1992
s. 92(b),
repealed by
No. 4/1996
s. 92(1).
(e) prescribing penalties of not more than one
penalty unit for an offence against the
regulations.
*
*
*
*
*
(3) Regulations made under this Act may be
disallowed in whole or in part by resolution of
either House of Parliament.
*
*
*
110
*
*
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 73
73 Specified standards
(1) The Governor in Council may by Order in
Council—
(a) specify standards and conditions for the
preservation of specified employer and
member contributions and benefits; and
S. 73
inserted by
No. 10258
s. 11(1),
repealed by
No. 120/1994
s. 43(3),
new s. 73
inserted by
No. 4/1996
s. 103.
S. 73(1)(a)
amended by
No. 70/2003
s. 17(1).
(b) specify the method, manner and form in
which preserved contributions may be paid
as a benefit; and
(c) specify maximum fees and charges which
the Board may impose on specified types of
benefits; and
S. 73(1)(c)
amended by
No. 82/1996
s. 57.
(ca) specify processes and requirements in
respect of the administration and operation
of Part IVA; and
S. 73(1)(ca)
inserted by
No. 70/2003
s. 17(2).
(cb) specify the benefits and entitlements of nonmembers spouses under Part IVA; and
S. 73(1)(cb)
inserted by
No. 70/2003
s. 17(2).
(d) specify the circumstances (other than death,
disability or ill health) in which an
application for an early release of benefits
may be made; and
S. 73(1)(d)
inserted by
No. 82/1996
s. 57.
(e) specify the benefits in respect of which an
application for an early release may be made;
and
S. 73(1)(e)
inserted by
No. 82/1996
s. 57.
(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.
S. 73(1)(f)
inserted by
No. 82/1996
s. 57.
111
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 73
(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. 73(3)
inserted by
No. 70/2003
s. 17(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 17(1) of
that Act.
S. 74
inserted by
No. 58/1987
s. 11(1)(o),
amended by
No. 49/1992
s. 93(a)–(c),
repealed by
No. 64/1995
s. 37.
*
*
*
*
*
Ss 74A, 74B
inserted by
No. 49/1992
s. 94,
repealed by
No. 4/1996
s. 104.
*
*
*
*
*
112
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74C
74C Taxation on benefits
(1) In this section—
actuary means a person who is—
S. 74C
inserted by
No. 110/1993
s. 155.
(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 155 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;
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;
113
S. 74C(1)
def. of
post-June
1983
component
amended by
No. 120/1994
s. 52(c).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74C
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 155 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 155 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
114
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74C
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.
115
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74CA
(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. 74CA
inserted by
No. 29/2000
s. 13.
74CA Surcharge debt account
(1) The Board must establish and maintain a separate
surcharge debt account for each contributor.
(2) The Board must debit to a contributor's surcharge
debt account—
(a) any superannuation contributions tax paid or
payable by the Board on contributions in
respect of the contributor 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
116
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74CA
(b) if the contributor'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 contributor's surcharge
debt account—
(a) any pre-payment by the contributor 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 contributor; and
117
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74CA
(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 contributor;
(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.
118
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74CB
(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.
74CB 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
contributor, 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 contributor.
(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.
119
S. 74CB
inserted by
No. 29/2000
s. 13.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74CC
S. 74CC
inserted by
No. 29/2000
s. 13.
74CC 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
contributor 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.
120
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 74D
74D Payment of lump sum benefits
If a lump sum benefit (not being a payment under
section 60A) to which a person is entitled is not
paid within 14 days of the person becoming
entitled, the person is entitled to receive interest at
the interest rate determined by the Board under
section 37(1)(a) from the date of entitlement until
the lump sum benefit is paid.
S. 74D
inserted by
No. 102/1995
s. 21.
S. 75
inserted by
No. 81/1988
s. 24.
75 Transfer to State Superannuation Fund or
Transport Superannuation Fund
*
*
*
*
*
S. 75(1)
repealed by
No. 120/1994
s. 43(3).
*
*
*
*
*
S. 75(2)
amended by
No. 49/1992
s. 95,
repealed by
No. 120/1994
s. 43(3).
(3) An employee who elects to transfer to the State
Superannuation Fund or the Transport
Superannuation Fund is entitled to convert not
more than 50 per cent of his or her lump sum
retirement benefit under the State
Superannuation Act 1988 or the Transport
Superannuation Act 1988 to a pension in
accordance with the factors specified in the
Schedule.
(3A) An employee who—
(a) elected to transfer to the State
Superannuation Fund or the Transport
Superannuation Fund; and
121
S. 75(3A)
inserted by
No. 37/2007
s. 25(1).
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 76
(b) becomes an exempt officer on or after
attaining the age of 65 years—
is entitled to convert not more than 50 per cent of
his or her lump sum retirement benefit under the
State Superannuation Act 1988 or the
Transport Superannuation Act 1988 to a
pension in accordance with the factors specified in
the Schedule.
S. 75(4)
amended by
No. 37/2007
s. 25(2).
S. 76
inserted by
No. 4/1996
s. 105.
(4) Sections 43 and 45 apply to any pension payable
in accordance with subsection (3) or
subsection (3A).
76 Provisions relating to certain water authorities
(1) In this section—
transfer date means 17 June 1996 or such earlier
date as is specified in the agreement;
water authority means—
(a) the Melbourne Water Corporation;
(b) City West Water Ltd;
(c) South East Water Ltd;
(d) Yarra Valley Water Ltd.
(2) On the transfer date an employee of a water
authority who immediately before the transfer
date is a contributor to the State Employees
Retirement Benefits Fund is transferred to the
Water Industry Superannuation Fund.
(3) Despite the transfer of a member under this
section to the Water Industry Superannuation
Fund—
(a) the member is entitled to receive the same
benefits that he or she would have been
entitled to receive had he or she not been so
transferred; and
122
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 76
(b) the member is entitled to have his or her
rights and obligations determined in
accordance with the State Employees
Retirement Benefits Act 1979 (other than
section 67) as in force immediately before
that transfer.
(4) For the purposes of subsection (3) the trustees of
the Water Industry Superannuation Fund have in
respect of a member the duties and powers
conferred on the Board by or under the State
Employees Retirement Benefits Act 1979 (other
than section 67) as in force immediately before
the transfer.
(5) With the approval of the Minister, the Board must
enter into an agreement with the trustees of the
Water Industry Superannuation Fund which
specifies—
(a) the liability of the State Employees
Retirement Benefits Fund up to the date of
transfer in respect of the entitlements of
transferred members as determined by an
actuary appointed by the Board; and
(b) the value of assets of the State Employees
Retirement Benefits Fund equal to the
liability of the State Employees Retirement
Benefits Fund under paragraph (a) that are to
be transferred to the Water Industry
Superannuation Fund; and
(c) the terms and conditions which apply to the
transfer of these assets to the Water Industry
Superannuation Fund.
(6) If agreement cannot be reached before 1 June
1996, the Minister may determine the matters
specified in subsection (5) or which are in dispute
and the Board and the trustees of the Water
Industry Superannuation Fund are deemed by
123
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 77
virtue of this subsection to have entered into an
agreement containing the matters determined by
the Minister.
(7) The Board must transfer the assets specified in the
agreement to the Water Industry Superannuation
Fund.
(8) As soon as the assets specified in the agreement
have been transferred the assets form part of the
Water Industry Superannuation Fund.
(9) The Board is released from any liability in respect
of the entitlements of transferred members as soon
as the assets specified in the agreement have been
transferred.
S. 77
inserted by
No. 4/1996
s. 105.
77 Provision relating to change of employment
(1) If a person to whom section 76 applies ceases to
be an employee of a water authority so as to
become an employee of another water authority,
subject to section 22, the person becomes from the
date of commencement of employment with the
other water authority a member of the Water
Industry Superannuation Fund with a resignation
benefit and a deferred retirement benefit
entitlement calculated in accordance with
subsection (2).
(2) The resignation benefit and deferred retirement
benefit entitlement to the date of becoming a
member of the Water Industry Superannuation
Fund under this section are to be calculated in
accordance with the State Employees
Retirement Benefits Act 1979 and certified by an
actuary appointed by the trustees of the Water
Industry Superannuation Fund after having been
translated into the corresponding benefit
entitlements under the governing instrument of the
Water Industry Superannuation Fund.
124
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Part V—General
s. 78
(3) From the date of becoming a member of the Water
Industry Superannuation Fund under this section a
person is entitled to receive benefits as a member
of the Water Industry Superannuation Fund.
78 Provisions relating to transfer of assets and
liabilities
No stamp duty or other tax is payable under any
Act in respect of anything done under section 76.
S. 78
inserted by
No. 4/1996
s. 105.
_______________
*
*
*
125
*
*
Pt 6
(Heading and
ss 79–83)
inserted by
No. 95/2000
s. 13,
amended by
No. 73/2001
s. 8(1),
repealed by
No. 94/2005
s. 35.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Sch. 1
SCHEDULE 1
Sch.
inserted by
No. 10258
s. 9(e),
amended by
No. 81/1988
s. 22(1)(f),
re-numbered
as Sch. 1 by
No. 95/2000
s. 14(b).
Section 40(1A)
LUMP SUM FACTORS
Column 1
Age
Column 2
Lump sum factor
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
$ c
15.20
14.80
14.50
14.20
13.90
13.60
13.40
13.20
13.00
12.80
12.60
12.40
12.30
12.20
12.10
12.00
Column 3
Lump sum factor to be
subtracted from factor in
Column 2 for each additional
completed month of age
$ c
0.0333
0.0250
0.0250
0.0250
0.0250
0.0167
0.0167
0.0167
0.0167
0.0167
0.0167
0.0083
0.0083
0.0083
0.0083
Note: The lump sum for any age over 65 years shall be determined by an
actuary appointed by the Board.
_______________
126
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Sch. 2
SCHEDULE 2
Australian Catholic University Limited
Deakin University
Federation University Australia
La Trobe University
Monash University
Royal Melbourne Institute of Technology
Swinburne University of Technology
The University of Melbourne
Victoria University
═══════════════
127
Sch. 2
inserted by
No. 95/2000
s. 15,
substituted by
No. 73/2001
s. 8(2),
amended by
Nos 40/2005
s. 129(1),
50/2013 s. 12.
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
ENDNOTES
1. General Information
The State Employees Retirement Benefits Act 1979 was assented to on
20 December 1979 and came into operation as follows:
All of Act (except section 10) on 23 January 1980: Government Gazette
23 January 1980 page 335; section 10 was never proclaimed and was
repealed by section 43(3) of No. 120/1994.
128
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the State Employees
Retirement Benefits Act 1979 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
State Employees Retirement Benefits (Amendment) Act 1980, No. 9400/1980
(as amended by No. 9549/1981)
Assent Date:
13.5.80
Commencement Date:
S. 2 on 23.1.80: s. 1(4); rest of Act on 13.5.80:
s. 1(3)
Current State:
All of Act in operation
State Employees Retirement Benefits (Eligibility) Act 1980, No. 9478/1980
Assent Date:
23.12.80
Commencement Date:
23.12.80
Current State:
All of Act in operation
State Employees Retirement Benefits (Amendment) Act 1981, No. 9657/1981
Assent Date:
15.12.81
Commencement Date:
S. 11 on 1.1.81: s. 1(4); rest of Act on 15.12.81:
s. 1(3)
Current State:
All of Act in operation
State Employees Retirement Benefits (School Council Employees) Act 1982,
No. 9752/1982
Assent Date:
13.7.82
Commencement Date:
1.1.82: s. 1(3)
Current State:
All of Act in operation
Transport Act 1983, No. 9921/1983
Assent Date:
23.6.83
Commencement Date:
S. 255(Sch. 12) on 1.7.83: s. 1(2)(c).
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983
(as amended by No. 10087/1984)
Assent Date:
29.11.83
Commencement Date:
S. 2 on 1.3.83: s. 1(4); rest of Act on 29.11.83:
Government Gazette 21.12.83 p. 4105
Current State:
All of Act in operation
Administrative Appeals Tribunal Act 1984, No. 10155/1984
Assent Date:
20.11.84
Commencement Date:
S. 81 on 1.3.85: Government Gazette 30.1.85
p. 191
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
129
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Superannuation Schemes Amendment Act 1985, No. 10258/1985
Assent Date:
10.12.85
Commencement Date:
Ss 8–11 on 1.1.86: Government Gazette 17.12.85
p. 4633
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Borrowing and Investment Powers Act 1987, No. 13/1987
Assent Date:
12.5.87
Commencement Date:
Pts 1, 3, ss 24, 26(2) on 14.10.87: Government
Gazette 14.10.87 p. 2712; rest of Act on 18.11.87:
Government Gazette 18.11.87 p. 3138
Current State:
All of Act in operation
Superannuation Schemes (Accident Compensation) Act 1987, No. 58/1987
Assent Date:
27.10.87
Commencement Date:
Ss 10, 11 on 13.11.87: Government Gazette
11.11.87 p. 3008
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
State Superannuation Act 1988, No. 50/1988 (as amended by No. 81/1988)
Assent Date:
24.5.88
Commencement Date:
S. 93(1) on 1.7.88: Government Gazette 1.6.88
p. 1487
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Superannuation Acts (Amendment) Act 1988, No. 81/1988
Assent Date:
20.12.88
Commencement Date:
Ss 21, 22, 25 on 1.1.88: s. 2(1); ss 5, 10, 29, 31 on
1.7.88: s. 2(2); rest of Act on 20.12.88: s. 2(3)
Current State:
All of Act in operation
Accident Compensation (General Amendment) Act 1989, No. 64/1989
Assent Date:
29.9.89
Commencement Date:
S. 36(3) on 1.7.90: Government Gazette 21.2.90
p. 518
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Superannuation Acts (Miscellaneous Amendments) Act 1990, No. 72/1990
Assent Date:
4.12.90
Commencement Date:
S. 9 on 19.12.90: Government Gazette 19.12.90
p. 3751
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
130
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Superannuation (Occupational Superannuation Standards) Act 1992,
No. 49/1992
Assent Date:
30.6.92
Commencement Date:
30.6.92: Special Gazette (No. 31) 30.6.92 p. 2
Current State:
All of Act in operation
Superannuation (Public Sector) Act 1992, No. 87/1992 (as amended by
No. 97/1993)
Assent Date:
26.11.92
Commencement Date:
Ss 17–19 on 27.11.92: Special Gazette (No. 63)
27.11.92 p.1
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Superannuation (Compliance) Act 1993, No. 54/1993
Assent Date:
8.6.93
Commencement Date:
S. 9 on 1.7.92: s. 2(2)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Public Sector Superannuation (Administration) Act 1993, No. 110/1993
Assent Date:
30.11.93
Commencement Date:
Ss 150–153 on 1.1.94: s. 2(6); ss 154, 155 on
30.11.93: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94:
Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 80) on 1.1.95: Government Gazette
28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Further Amendment) Act 1994, No. 120/1994 (as amended
by No. 102/1995)
Assent Date:
20.12.94
Commencement Date:
S. 46 on 1.1.94: s. 2(6); ss 39, 45, 47–50 on 1.7.94:
s. 2(7A); ss 40, 41, 43, 44, 51, 52 on 20.12.94: s. 2(1);
s. 42 on 1.2.95: s. 2(9)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
131
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Superannuation Acts (General Amendment) Act 1995, No. 64/1995
Assent Date:
27.6.95
Commencement Date:
S. 37 on 1.7.95: s. 2(2)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement
Benefits Act 1979
Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995
Assent Date:
5.12.95
Commencement Date:
Ss 18–21 on 5.12.95: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Amendment) Act 1996, No. 4/1996
Assent Date:
18.6.96
Commencement Date:
S. 91(2) on 5.12.95: s. 2(6); s. 95(b) on 1.3.96: s. 2(9);
s. 105 on 1.5.96: s. 2(10); ss 91(1), 92, 93 on 31.5.96:
s. 2(11); ss 94, 95(a), 96, 97, 100–102, 104 on 18.6.96:
s. 2(1); ss 98, 99, 103 on 30.6.96: s. 2(12)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Further Amendment) Act 1996, No. 82/1996
Assent Date:
23.12.96
Commencement Date:
Ss 52–57 on 1.1.97: s. 2(4)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997
Assent Date:
11.6.97
Commencement Date:
S. 11 on 11.6.97: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
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)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,
No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 83) on 1.7.98: Government Gazette
18.6.98 p. 1512
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
132
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Superannuation Acts (Amendment) Act 1998, No. 84/1998
Assent Date:
17.11.98
Commencement Date:
Ss 41–44 on 17.11.98: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Government Superannuation Act 1999, No. 8/1999
Assent Date:
11.5.99
Commencement Date:
S. 50 on 1.7.99: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Public Sector Reform (Further Amendments) Act 1999, No. 12/1999
Assent Date:
11.5.99
Commencement Date:
S. 4(Sch. 2 item 12) on 11.5.99: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Further Amendment) Act 1999, No. 13/1999
Assent Date:
11.5.99
Commencement Date:
Ss 10, 11 on 11.5.99: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Amendment) Act 2000, No. 29/2000
Assent Date:
30.5.00
Commencement Date:
Ss 12, 13 on 31.5.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 115) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000
Assent Date:
5.12.00
Commencement Date:
Ss 13–15 on 6.12.00: s. 2(1); s. 16 on 1.7.01: s. 2(6)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
133
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 5(Sch. 3 item 4) on 23.8.01: Government Gazette
23.8.01 p. 1927
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Unclaimed Moneys and Superannuation Legislation (Amendment) Act 2001,
No. 73/2001
Assent Date:
7.11.01
Commencement Date:
S. 8 on 6.12.00: s. 2(2)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Acts (Family Law) Act 2003, No. 70/2003
Assent Date:
14.10.03
Commencement Date:
S. 12 on 1.1.94: s. 2(3); s. 17(1) on 30.6.96: s. 2(2);
ss 13–16, 17(2)(3) on 15.10.03: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004
Assent Date:
8.6.04
Commencement Date:
Ss 20–27 on 9.6.04: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004
Assent Date:
9.11.04
Commencement Date:
Ss 12, 13 on 10.11.04: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 186) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Higher Education Acts (Amendment) Act 2005, No. 40/2005
Assent Date:
27.7.05
Commencement Date:
S. 129(1) on 9.8.05: Special Gazette (No. 148) 9.8.05
p. 1
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
134
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005
Assent Date:
29.11.05
Commencement Date:
Ss 27–35 on 1.12.05: s. 2
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 47) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 37) on 1.7.07: Government
Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Legislation Amendment (Contribution Splitting and Other
Matters) Act 2007, No. 37/2007
Assent Date:
14.8.07
Commencement Date:
Ss 18–25 on 15.8.07: s. 2
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 57) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date:
10.2.09
Commencement Date:
S. 37(Sch. 1 item 22) on 1.12.09: s. 2(2)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Legislation Amendment Act 2009, No. 38/2009
Assent Date:
30.6.09
Commencement Date:
Ss 25–27 on 1.7.09: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
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State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
Statute Law Amendment (National Health Practitioner Regulation) Act 2010,
No. 13/2010
Assent Date:
30.3.10
Commencement Date:
S. 51(Sch. item 51) on 1.7.10: s. 2(2)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Superannuation Legislation Amendment Act 2010, No. 40/2010
Assent Date:
30.6.10
Commencement Date:
Ss 45–71 on 1.7.10: Government Gazette 1.7.10
p. 1359
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date:
19.10.10
Commencement Date:
S. 24(Sch. 1 item 28) on 1.1.11: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Statute Law Revision Act 2011, No. 29/2011
Assent Date:
21.6.11
Commencement Date:
S. 3(Sch. 1 item 90) on 22.6.11: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
University of Ballarat Amendment (Federation University Australia) Act 2013,
No. 50/2013
Assent Date:
10.9.13
Commencement Date:
S. 12 on 1.1.14: s. 2
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
Statute Law Revision Act 2013, No. 70/2013
Assent Date:
19.11.13
Commencement Date:
S. 3(Sch. 1 item 53) on 1.12.13: s. 2(1)
Current State:
This information relates only to the provision/s
amending the State Employees Retirement Benefits
Act 1979
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
136
State Employees Retirement Benefits Act 1979
No. 9363 of 1979
Endnotes
3. Explanatory Details
1
S. 2(1) def. of employee: Section 3(2)–(4) of the State Employees
Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as
follows:
3 Employees of the School of Mines and Industries
Ballarat Ltd.
(2) Subsection (1) shall be deemed to have come into
operation on 11 October 1983.
(3) The Principal Act shall apply to all those people
employed by the Council of The School of Mines
and Industries Ballarat Limited on 11 October
1983, who were not at 11 October 1983 eligible
for membership of the State Superannuation Fund
and who were not at 11 October 1983 members of
the State Employees Retirement Benefits Fund,
and who are persons employed pursuant to
Awards of the Industrial Relations Commission of
Victoria or Awards of the Australian Conciliation
and Arbitration Commission as if they had been
declared by the Order of the Governor in Council
made pursuant to section 2 of the Principal Act on
11 October 1983 to be persons to whom the
provisions of the State Employees Retirement
Benefits Act 1979 shall apply.
(4) Notwithstanding the interpretation of joining date
in section 2 of the Principal Act, a reference to
joining date in respect of those employees of The
School of Mines and Industries Ballarat Limited
referred to in subsection (3) is a reference to
11 October 1983.
2
Ss 4–11:
Ss 4–9 repealed by No. 120/1994 s. 43(3).
S. 10 substituted by No. 9400 s. 4, repealed by No. 120/1994 s. 43(3).
S. 10AA inserted by No. 13/1987 s. 25, substituted by No. 81/1988 s. 18(a),
repealed by No. 120/1994 s. 43(3).
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State Employees Retirement Benefits Act 1979
No. 9363 of 1979
S. 10AB inserted by No. 49/1992 s. 81(1), repealed by No. 120/1994
s. 43(3).
S. 10A inserted by No. 10258 s. 10(e), substituted by No. 58/1987
s. 11(1)(b), amended by No. 49/1992 s. 81(2), repealed by No. 120/1994
s. 43(3).
S. 11 amended by No. 9657 s. 3(a)(b), repealed by No. 31/1994 s. 4(Sch. 2
item 80).
3
Ss 12–17:
S. 12 amended by Nos 9657 s. 4, 49/1992 s. 82, repealed by No. 4/1996
s. 93.
S. 13 amended by Nos 9657 s. 5(1), 10258 s. 10(f), substituted by
No. 13/1987 s. 24, repealed by No. 81/1988 s. 18(b).
S. 14 amended by No. 13/1987 s. 23, repealed by No. 4/1996 s. 93.
S. 15 amended by Nos 9657 s. 5(2), 13/1987 s. 24, repealed by No. 4/1996
s. 93.
S. 16 amended by Nos 10258 s. 10(g)(i)(ii), 13/1987 s. 24, repealed by
No. 81/1988 s. 18(b).
S. 16A inserted by No. 10258 s. 10(h), repealed by No. 81/1988 s. 18(b).
S. 17 substituted by No. 9657 s. 6, repealed by No. 31/1994 s. 4(Sch. 2
item 80).
4
S. 20(1): Section 5 of the State Employees Retirement Benefits
(Amendment) Act 1983, No. 9978/1983 reads as follows:
5 Certain employees may make election
(1) Where at the commencement of this Act a person
was not a contributor by reason only of being
employed on a basis which required him to render
service of less than one half the service of an
ordinary employee, and who under the Principal
Act as amended by this Act would but for the
operation of this section be compelled to become
a contributor, he may, within a period of three
months from the commencement of this Act, elect
not to become a contributor.
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State Employees Retirement Benefits Act 1979
No. 9363 of 1979
(2) Where at the commencement of this Act a person
was not a contributor by reason only of—
(a) being employed on a basis which required
him to render service of less than half the
service of an ordinary employee; and
(b) not being a permanent employee within the
meaning of the Principal Act—
and who under the Principal Act as amended by
this Act and upon becoming a permanent
employee within the meaning of the Principal Act
would but for the operation of this section be
compelled to become a contributor, he may,
within a period of three months from the day of
becoming a permanent employee, elect not to
become a contributor.
(3) Where a person makes an election referred to in
subsection (1) or (2), the Principal Act shall not
apply to that person.
(4) Where a person referred to in subsection (1) or (2)
does not elect not to become a contributor, his
entitlement to benefits in respect of any period of
service prior to the expiration of the four month
period referred to in subsection (5) shall be
determined in accordance with section 40(2) of
the Principal Act.
(5) The contributions of a person referred to in
subsection (1) or (2) who does not elect not to
become a contributor shall be payable on and
from the first pay day occurring four months after
the commencement of this Act, or four months
after he became a permanent employee (as the
case requires).
5
S. 20(5): See note 4.
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State Employees Retirement Benefits Act 1979
No. 9363 of 1979
6
S. 44(1)(c): Section 17 of the State Employees Retirement Benefits
(Amendment) Act 1983, No. 9978/1983 reads as follows:
17 Saving provision
Notwithstanding anything contained in this Act a
person who was entitled to a pension under
section 44(1)(c) or section 45(1)(b) or section 47
of the Principal Act as in force immediately
before the commencement of this Act shall so
long as he is entitled to a pension under one of
those sections be entitled to a pension at the rate
that he would have been entitled to receive if this
Act had not been passed.
7
S. 45(1)(b): See note 6.
8
S. 47: See note 6.
140