Public Sector Superannuation (Miscellaneous Amendments) Act 2004

Public Sector Superannuation (Miscellaneous Amendments) Act 2004

An Act to make revisionary amendments arising from the Public Sector Superannuation (Splitting of Superannuation Interests) Act 2003 and the Relationships (Consequential Amendments) Act 2003

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Public Sector Superannuation (Miscellaneous Amendments) Act 2004 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Miscellaneous amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

SCHEDULE 1 - Miscellaneous Amendments

Section 3

1.    Schedule 1 is amended as follows:

(a) by omitting clause 1 and substituting the following clause:

1.   Interpretation

In this Schedule –

Family Law Act means the Family Law Act 1975 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act;

member has the meaning given by section 90MD of the Family Law Act;

member spouse has the meaning given by section 90MD of the Family Law Act;

non-member spouse has the meaning given by section 90MD of the Family Law Act;

operative time has the meaning given by section 90MD of the Family Law Act;

splittable payment has a meaning in accordance with section 90ME of the Family Law Act;

splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;

splitting order means an order mentioned in section 90MT(1) of the Family Law Act;

spouse has the meaning given by section 90MD of the Family Law Act;

superannuation agreement has the meaning given by section 90MH of the Family Law Act;

superannuation interest has the meaning given by section 90MD of the Family Law Act.

(b) by omitting from clause 8 "member spouse" and substituting "person entitled to a pension under this Act".

1.    Schedule 1 is amended as follows:

(a) by omitting clause 1 and substituting the following clause:

1.   Interpretation

In this Schedule –

Family Law Act means the Family Law Act 1975 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act;

member has the meaning given by section 90MD of the Family Law Act;

member spouse has the meaning given by section 90MD of the Family Law Act;

non-member spouse has the meaning given by section 90MD of the Family Law Act;

operative time has the meaning given by section 90MD of the Family Law Act;

splittable payment has a meaning in accordance with section 90ME of the Family Law Act;

splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;

splitting order means an order mentioned in section 90MT(1) of the Family Law Act;

spouse has the meaning given by section 90MD of the Family Law Act;

superannuation agreement has the meaning given by section 90MH of the Family Law Act;

superannuation interest has the meaning given by section 90MD of the Family Law Act.

(b) by omitting from clause 8 "member spouse" and substituting "person entitled to a pension under this Act".

1.    Regulation 77A is rescinded and the following regulation is substituted:

77A.   Interpretation of Part

In this Part –

Family Law Act means the Family Law Act 1975 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act;

member has the meaning given by section 90MD of the Family Law Act;

member spouse has the meaning given by section 90MD of the Family Law Act;

non-member spouse has the meaning given by section 90MD of the Family Law Act;

operative time has the meaning given by section 90MD of the Family Law Act;

splittable payment has a meaning in accordance with section 90ME of the Family Law Act;

splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;

splitting order means an order mentioned in section 90MT(1) of the Family Law Act;

spouse has the meaning given by section 90MD of the Family Law Act;

superannuation agreement has the meaning given by section 90MH of the Family Law Act;

superannuation interest has the meaning given by section 90MD of the Family Law Act.

2.    Regulation 77H is amended by omitting "member spouse" and substituting "person entitled to a benefit under Part 3 or 4 of these regulations".

1.    Regulation 3 is amended as follows:

(a) by omitting the definition of Family Law Act from subregulation (1) ;

(b) by omitting the definition of RBF member from subregulation (1) and substituting the following definition:

RBF member means –

(a) a contributor; or

(b) a former contributor or a former eligible employee holding a compulsory preservation account; or

(c) a pensioner unless he or she is in receipt of a pension under regulation 79 ;

(c) by omitting the definition of splitting instrument from subregulation (1) ;

(d) by omitting subregulation (1AA) .

2.    Regulation 60(1) is amended as follows:

(a) by omitting from paragraph (e) "subregulation." and substituting "subregulation; and";

(b) by inserting the following paragraph after paragraph (e) :

(f) a person holding an investment account.

3.    Regulation 78(4)(d) is amended by omitting "Part VIIIB of the Family Law Act" and substituting "section 90MD of the Family Law Act 1975 of the Commonwealth".

4.   Before regulation 88J , the following regulation is inserted in Part 7B:

88IA.   Interpretation of Part

In this Part –

Family Law Act means the Family Law Act 1975 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act;

member has the meaning given by section 90MD of the Family Law Act;

member spouse has the meaning given by section 90MD of the Family Law Act;

non-member spouse has the meaning given by section 90MD of the Family Law Act;

operative time has the meaning given by section 90MD of the Family Law Act;

splittable payment has a meaning in accordance with section 90ME of the Family Law Act;

splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;

splitting order means an order mentioned in section 90MT(1) of the Family Law Act;

spouse has the meaning given by section 90MD of the Family Law Act;

superannuation agreement has the meaning given by section 90MH of the Family Law Act;

superannuation interest has the meaning given by section 90MD of the Family Law Act.

5.    Regulation 88R is amended by omitting "spouse".

6.    Regulation 107A is rescinded and the following regulation is substituted:

107A.   Payment of benefits on death of RBF member

(1)  Except as provided in subregulation (2) , where a benefit is payable under these regulations on the death of an RBF member, that benefit is to be paid to –

(a) the surviving partner of that RBF member; or

(b) if there is no surviving partner, the person with whom the RBF member was in a caring relationship which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 , which deed was revoked by the death of that RBF member; or

(c) if there is no person referred to in paragraph (a) or (b) , the estate of that RBF member, subject to the production of grant of probate or letters of administration.

(2)  Notwithstanding subregulation (1) , an RBF member may, by notice in writing to the Board –

(a) elect that in the event of his or her death all or part of the benefit payable on his or her death is to be paid to his or her estate; or

(b) revoke any such election –

and, where the election is in force, subregulation (1) does not apply to any part of the benefit that is subject to the election.

(3)  In this regulation –

RBF member includes a person holding an investment account.

1.    Section 13(4) is amended by omitting " subsection (1) (c) " and substituting " subsection (2)(c) ".

2.    Part 2 of Schedule 1 is amended as follows:

(a) by omitting clause 1 and substituting the following clause:

1.   Interpretation

In this Part –

Family Law Act means the Family Law Act 1975 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act;

member has the meaning given by section 90MD of the Family Law Act;

member spouse has the meaning given by section 90MD of the Family Law Act;

non-member spouse has the meaning given by section 90MD of the Family Law Act;

operative time has the meaning given by section 90MD of the Family Law Act;

splittable payment has a meaning in accordance with section 90ME of the Family Law Act;

splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;

splitting order means an order mentioned in section 90MT(1) of the Family Law Act;

spouse has the meaning given by section 90MD of the Family Law Act;

superannuation agreement has the meaning given by section 90MH of the Family Law Act;

superannuation interest has the meaning given by section 90MD of the Family Law Act.

(b) by omitting from clause 8 "member spouse" and substituting "person entitled to a pension under Part 1 of this Schedule".

[Second reading presentation speech made in:

House of Assembly on 27 APRIL 2004

Legislative Council on 19 MAY 2004]