Version No. 051
Transport Superannuation Act 1988
No. 33 of 1988
Version incorporating amendments as at 1 July 2007
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
3A.Declaration of eligible salary sacrifice contributors
4.Application of Act
Parts 2, 3—Repealed14
5–22.Repealed14
Part 4—Part-Time Employees
23.Definitions applying to this Part only
24.Act applies subject to principles and rules for part-time employees
Part 5—Repealed18
25, 26.Repealed18
Part 6—Contributions
27.Contributions by transport authorities
28.Contributions by members
28A.Eligible member account
Part 7—Benefits
29.Benefit on retirement due to age
30.Benefit on death before retirement
31.Benefit on retirement through disability
32.Temporary pensions
33.Benefit on retirement due to ill-health
34.Benefit on retrenchment
34A.Exempt officers
35.Benefit on resignation
35A.Minimum benefit
36.Additional benefits in respect of membership of approved superannuation arrangements
36A.Commutation of pension not exceeding declared rate
Part 7A—Family Law Provisions
36AA.Definitions
36AB.Accrued benefit multiple
36AC.Obligation on Board
36AD.Reduction of benefit or accrued benefit entitlement
36AE.Board may provide additional information
36AF.Commutation rights not affected
36AG.Charging of fees
Part 8—General Provisions
36B.Payment of benefits subject to specified standards
37.Intermittent service
38.Board may require information for purposes of administering
Act
39.Power of Board to reclassify in certain cases
40.Question as to disability determined by Board on medical officers' report
41.Review of determinations relating to disability
42.Stopping of pension
43.Disability pensions
44–44B.Repealed
44C.Taxation on benefits
44CA.Surcharge debt account
44CB.Recovery of surcharge where person entitled to deferred benefit
44CC.Commutation of pension to meet surcharge liability
44D.Early release of benefits
45.Settlement of disputes
46.Indexation
47.Repealed
48.Payment of benefits if person incapable
49.Assignment or charging of interest
49A.Power to recover
50.Payment of benefits
50A.Payment of lump sum benefits
51.Minors
52.Regulations
53.Specified standards
Part 9—Repealed68
54–57.Repealed68
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 051
Transport Superannuation Act 1988
No. 33 of 1988
Version incorporating amendments as at 1 July 2007
1
Transport Superannuation Act 1988
No. 33 of 1988
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
S. 1 amendedby Nos 85/1992 s.12, 46/1998 s. 7(Sch. 1).
1.Purpose
The purpose of this Act is to establish a Transport Superannuation Fund to provide superannuation benefits to persons employed in operating authorities and agencies of the Department of Infrastructure.
2.Commencement
This Act comes into operation on a day to be proclaimed.
3.Definitions
(1)In this Act—
S. 3(1) def. of "actuary" substituted by No. 4/1996 s.124(a).
"actuary" means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;
S. 3(1) def. of "Board" substituted by No. 120/1994 s. 73(1), repealed by No. 8/1999 s.53(1)(a), new def. of "Board" insertedby No.94/2005 s.51(1)(a).
"Board" means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
S. 3(1) def. of "child" inserted by No. 82/1996 s.71(1), amended by No. 27/2001 s.5(Sch.3 item7.1(b)).
"child", in relation to a member, means a child of the member or of his or her partner, other than any child born more than 10 months after his or her death;
S. 3(1) def. of "complying super-annuation fund"
inserted by No. 4/1996 s.124(b).
"complying superannuation fund" means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;
s. 3
S. 3(1) def. of "contract officer" inserted by No. 87/1992 s.20(1)(a), substituted by No. 120/1994 s. 72(1)(a), amended by Nos 46/1998 s.7(Sch. 1), 84/1998 s.51(1), 108/2004 s.117(1) (Sch.3 item210.1).
"contract officer" means—
(a)an executive within the meaning of section 4(1) of thePublic Administration Act 2004 employed under a contract of employment under that Act, other than an exempt officer; or
(aa)any person who—
(i)is declared or deemed to be a person to whom sub-section (3)(a) applies; or
(ii)is a member of a class of persons declared or deemed to be persons to whom sub-section (3)(a) applies—
by the Minister by instrument in writing; or
(b)any person who—
(i)is declared or deemed to be a contract officer; or
(ii)is a member of a class of persons declared or deemed to be contract officers—
by the Minister by instrument in writing for the purposes of this Act;
S. 3(1) def. of "dependant" substituted by No. 120/1994 s. 70(a), amended by No. 27/2001 s.5(Sch.3 item7.1(c)).
"dependant", in relation to a deceased person, means—
s. 3
(a)his or her partner; or
(b)a child of the person; or
(c)any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;
S. 3(1) def. of "disability" amended by Nos 49/1992 s.96(1)(a), 23/1994
s. 118(Sch. 1 item 58.1(a)), substituted by No. 120/1994 s. 71.
"disability", in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity—
(a)to perform his or her duties; and
(b)to perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining—
as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;
S. 3(1) def. of "domestic partner" insertedby No.27/2001 s.5(Sch.3 item7.1(a)).
"domestic partner" of a person means a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of "eligible contribution" insertedby No.78/2004 s.16.
"eligible contribution" means the Government co-contribution payable under the Superannuation (Government Cocontributions for Low Income Earners) Act 2003 of the Commonwealth that the Commissioner of Taxation determines under that Act is to be paid to the Fund or to the person;
S. 3(1) def. of "eligible member" insertedby No.78/2004 s.16.
"eligible member" means a member who is a person in respect of whom a Government cocontribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth;
s. 3
S. 3(1) def. of "eligible member account" insertedby No.78/2004 s.16.
"eligible member account" means the account established under section 28A;
S. 3(1) def. of "eligible salary sacrifice contributor" insertedby No. 40/2004 s.42.
"eligible salary sacrifice contributor" means a member in respect of whom a declaration is in force under section 3A;
S. 3(1) def. of "employee" amended by Nos 87/1992 s.20(1)(b), 50/1997 s. 17, 46/1998 s.7(Sch. 1).
s. 3
"employee" means a person other than an exempt officer or a person who is employed on a casual basis who is—
(a)employed as an officer or employee of a transport authority; or
(b)employed by the Board; or
(c)referred to in paragraph (a) or (b) and has resigned or been given leave of absence without pay to act as a full-time officer of—
(i)a union; or
(ii)an employee organisation—
which is approved by the Minister; or
(d)a person referred to in a preceding paragraph who as a result of a change of employment becomes a person referred to in—
(i)any other paragraph of this definition; or
(ii)any paragraph of the definition of "employee" in section 2(1) of the State Employees Retirement Benefits Act 1979; or
(iii)any paragraph of the definition of "officer" in section 3(1) of the State Superannuation Act 1988;
S. 3(1) def. of "exempt officer" amended by No. 87/1992 s.20(1)(c), substituted by No. 120/1994 s. 72(1)(b), amended by Nos 46/1998 s.7(Sch. 1), 108/2004 s.117(1) (Sch.3 item210.2).
"exempt officer" means—
(a)an executive within the meaning ofsection 4(1) of thePublic Administration Act 2004employed under a contract of employment under the Act during any period that a certificate in writing issued under section 7(5) of the Superannuation (Public Sector) Act 1992 by the employing transport authority to the Board is in force; or
s. 3
(b)a contract officer whose employing transport authority advises the Board in writing that the contract of employment under which the contract officer is employed provides that the contract officer is an exempt officer for the purposes of this Act;
S. 3(1) def. of "final average salary" inserted by No. 110/1993 s.129(1).
"final average salary" means—
(a)in relation to a member with less than 2years of recognised service, an amount calculated in accordance with the formula—
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;
S. 3(1) def. of "Fund" substituted by Nos 4/1996 s.124(c), 94/2005 s.51(1)(b).
s. 3
"Fund" means the Scheme established under section15 of the Emergency Services Superannuation Act 1986;
S. 3(1) def. of "Government Actuary" repealed by No. 4/1996 s.124(d).
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S. 3(1) def. of "member" amended by No. 81/1988 s.35(a).
"member" means an employee referred to in section 4(3) or 4(4);
"minimum age for retirement" means the age of 55years;
S. 3(1) def. of "occupational super-annuation standards" inserted by No. 49/1992 s.96(1)(b), repealed by No. 4/1996 s.124(d).
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S. 3(1) def. of "partner" insertedby No.27/2001 s.5(Sch.3 item7.1(a)).
"partner" means—
s. 3
(a)in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
(i)the person's husband, wife, widower or widow; or
(ii)a person of the opposite sex who, though not married to the person, in the opinion of the Board lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b)in any other case—the person's spouse or domestic partner;
"prescribed" means prescribed by the regulations;
S. 3(1) def. of "registered medical practitioner" inserted by No. 23/1994 s.118(Sch. 1 item 58.1(b)), amended by No. 97/2005 s.182(Sch. 4 item 52).
"registered medical practitioner" means a medical practitioner registered under the Health Professions Registration Act 2005;
S. 3(1) def. of "resignation" substituted by No. 82/1996 s.71(2).
"resignation" means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the minimum age for retirement;
S. 3(1) def. of "retrench-ment" amended by No. 72/1990 s.12(b)(i)(ii), substituted by No. 87/1992 s.20(1)(d).
"retrenchment" means the termination of the service of an employee who has not attained the minimum age for retirement in respect of whom a transport authority certifies in writing to the Board that the employee has been retrenched for the purposes of this Act;
S. 3(1) def. of "RSA" insertedby No. 40/2004 s.41(1).
"RSA" means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997;
"salary" means the pecuniary emoluments payable to a member as prescribed;
"service" means service or employment as a member within the meaning of this Act and in relation to any qualifying period of service includes any service or employment recognised by the Board;
S. 3(1) def. of "specified standards" inserted by No. 4/1996 s.124(e).
"specified standards" means standard specified under section 53;
S. 3(1) def. of "spouse" substituted by Nos 120/1994 s. 70(b), 27/2001 s.5(Sch.3 item7.1(d)).
"spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;
s. 3
S. 3(1) def. of "State Super-annuation Fund" inserted by No.94/2005 s.51(1)(c).
"State Superannuation Fund" means the Superannuation Fund established under the Superannuation Act 1925 and continued under the State Superannuation Act 1988 as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005;
S. 3(1) def. of "surcharge-able contributions" inserted by No. 29/2000 s.17.
"surchargeable contributions" means the surchargeable contributions of a member for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;
S. 3(1) def. of "surcharge debt account" inserted by No. 29/2000 s.17.
"surcharge debt account" means, in relation to a person who is or has been a member, the surcharge debt account kept for that person (while he or she was a member) under section 44CA;
S. 3(1) def. of "surcharge deduction amount" inserted by No. 29/2000 s.17.
"surcharge deduction amount" means, in relation to a person—
s. 3
(a)who is or has been a member; and
(b)to or in respect of whom benefits become payable under this Act—
the surcharge deduction amount that is specified in a determination made by the Board under section 44CA in relation to the person;
S. 3(1) def. of "Transport Authority" amended by Nos 44/1989 s.41(Sch. 2 item 43), 46/1998 s.7(Sch. 1), 54/2001 s.38.
"Transport Authority" means—
*****
(b)the Roads Corporation; or
*****
*****
(e)the Grain Elevators Board; or
(f)the Port of Melbourne Authority; or
(g)the Port of Geelong Authority; or
(h)the Port of Portland Authority; or
(i)any other body that the Minister by instrument declares to be an employer for the purposes of this Act.
S. 3(2) amended by No. 49/1992 s.96(2).
(2)A reference in this Act to periods of service or membership in years includes fractions for any completed months and days.
S.3(2A) insertedby No.70/2003 s.35.
(2A)For the purpose of the definition of "dependant" in section 3(1), a person was partially dependent on a deceased person if the person benefited from a financial contribution which was not trivial in nature and was to some extent necessary to sustain the basics of life.
S. 3(3) inserted by No. 87/1992 s.20(2), substituted by No. 120/1994 s. 72(2).
(3)For the purposes of the definition of "salary" in sub-section (1)—
S. 3(3)(a) amended by No. 84/1998 s.51(2).
s. 3
(a)in the case of a person referred to in paragraph (a) or (aa) of the definition of "contract officer", salary means the salary for superannuation purposes in accordance with section 12 of the Superannuation (Public Sector) Act 1992 and notified in writing by the employing transport authority to the Board; or
(b)in the case of a person referred to in paragraph (b) of the definition of "contract officer", salary means the salary for superannuation purposes specified is that person's contract of employment and notified in writing by the employing transport authority to the Board.
S. 3(4) inserted by No. 8/1999 s.53(2), repealedby No.94/2005 s.51(2).
*****
S. 3(5) insertedby No.27/2001 s.5(Sch.3 item7.2).
(5)For the purposes of the definition of "domestic partner" in sub-section (1), in determining whether persons 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 275(2) of the Property Law Act 1958 as may be relevant in a particular case.
S. 3A insertedby No. 40/2004 s.43.
3A.Declaration of eligible salary sacrifice contributors
s. 3A
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
(b)a class of members to be eligible salary sacrifice contributors from the date specified in the notice.
4.Application of Act
S. 4(1) amended by No. 72/1990 s.13.
s. 4
(1)A person who is an employee and is entitled to any benefits from—
(a)the State Superannuation Fund; or
(b)the Metropolitan Transit Authority Superannuation Fund; or
(c)the Local Authorities Superannuation Fund; or
(d)the Port of Melbourne Authority Superannuation Fund; or
(e)the Port of Geelong Authority Superannuation Fund; or
(f)the State Employees Retirement Benefits Fund; or
S. 4(1)(g) amended by No. 46/1998 s.7(Sch. 1).
(g)any other superannuation arrangement approved by the Minister by instrument for the purposes of this sub-section—
may within the prescribed period or periods elect to become a member of the Fund.
(2)Any employee of a transport authority who was not a member of a prescribed superannuation scheme and who for any reason left that employment on or after 1 September 1987 but before the commencement of this Act is entitled to apply to the Board for benefits in accordance with this Act.
(3)A person who is not a person to whom sub-section(1) applies but was an employee before 1September 1987 is to be taken to have become a member on that date.
(4)A person becomes a member—
(a)if the person becomes an employee on or after the date on which this Act comes into operation, on the commencement of that employment; or
(b)if the person is a person to whom sub-section(1) applies, when that person makes an election under sub-section (1).
S. 4(5) amended by Nos 4/1996 s.125(1), 8/1999 s.53(1)(b).
s. 4
(5)This Act does not apply to an employee while he or she is a member of a prescribed superannuation scheme.
S. 4(5A) inserted by No. 4/1996 s.125(2), repealed by No. 8/1999 s.53(1)(c).
*****
S. 4(6) inserted by No. 110/1993 s.130, amended by No. 58/1994 s.9.
(6)A person cannot become a member of the Fund on or after the commencement of section 130 of the Public Sector Superannuation (Administration) Act 1993 except by transfer to the Fund in accordance with section 60 of the Public Sector Superannuation (Administration) Act 1993.
s. 4
______
Pt 2 (Heading) substituted by No. 120/1994 s. 73(2), repealed by No. 8/1999 s.53(1)(d).
*****
S. 5
repealed by No. 120/1994 s. 73(3).
*****
S. 6
amended by Nos 49/1992 s.97(1)(2), 4/1996 s.126(a), 46/1998 s.7(Sch. 1), 84/1998 s.52(1)(2), repealed by No. 8/1999 s.53(1)(c).
*****
Ss 7–15 repealed.[1]
*****
s. 6
______
Pt 3 (Heading) repealed by No. 4/1996 s.127.
*****
Ss 16–21 repealed.[2]
*****
______
Pt2
(Heading ands.22) amended by Nos 82/1996 s.72, 46/1998 s.7(Sch. 1), 8/1999 s.53(1)(e), repealedby No.94/2005 s.52.
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Part 4—Part-Time Employees
23.Definitions applying to this Part only
s. 23
(1)In this Part—
"comparable full-time employee" in relation to a part-time employee means an employee who is employed in similar employment to the part-time employment on a full-time basis, whether or not there is such an employee;
"full-time employee" means an employee who is deemed by the Board to have been employed on a full-time basis throughout the year;
"part-time employee" means an employee (not being a full-time employee)—
(a)in respect of whom his or her employer certifies in writing to the Board is employed on a basis which requires him or her to render part-time service; or
(b)who is deemed by the Board to be a part-time employee;
"pro rata" in relation to a part-time employee means—
where—
Ais the total service of the part-time employee;
Bis the total service that the part-time employee would have rendered if he or she had been a comparable full-time employee throughout his or her service as a part-time employee;
"total service" in relation to an employee means the total in years of his or her continuous service, whether as a full-time or part-time employee, and, where that total is relevant to the calculation of benefits on death or retirement on grounds of disability, includes prospective service.
(2)The service of a part-time employee is to be the proportion that his or her actual part-time service bears to the service that a comparable full-time employee would have been required to render.
(3)The prospective service of a part-time employee at any time is to be calculated on the proportion that his or her average service over the preceding 3years or his or her period of membership of the Fund (whichever is the lesser) bears to the service which would have been required of a comparable full-time employee over the same period.
s. 24
24.Act applies subject to principles and rules for part-time employees
(1)This Act applies to a part-time employee subject to and in accordance with the principles and subject to the rules and modifications provided in this section.
(2)If—
(a)the service of a part-time employee follows continuously upon his or her service as a full-time employee; or
(b)the service of a full-time employee follows continuously upon his or her service as a part-time employee—
his or her period of service as a full-time employee is to be added to his or her period of service as a part-time employee.
(3)The contributions to be paid by a part-time employee are that proportion of the contributions that would be payable by a comparable full-time employee which the service of the part-time employee at the time the contributions fall due bears to the service of a comparable full-time employee.
s. 24
(4)If a contributor has been a part-time employee his or her benefits on retirement or death are to be calculated pro-rata to the benefits payable to a comparable full-time employee.