Public Sector Superannuation (Miscellaneous Amendments) Act 2013
An Act to amend the Director of Public Prosecutions Act 1973 , the Governor of Tasmania Act 1982 , the Magistrates Court Act 1987 , the Parliamentary Salaries, Superannuation and Allowances Act 2012 , the Public Sector Superannuation Reform Act 1999 , the Solicitor-General Act 1983 , the Supreme Court Act 1887 and the Supreme Court Act 1959
[Royal Assent 13 May 2013]
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:
PART 1 - Preliminary
This Act may be cited as the Public Sector Superannuation (Miscellaneous Amendments) Act 2013 .
(1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Part 4 is taken to have commenced on 13 December 2000.
PART 2 - Director of Public Prosecutions Act 1973 Amended
In this Part, the Director of Public Prosecutions Act 1973 is referred to as the Principal Act.
4. Section 8A amended (Superannuation entitlements of Director appointed after 1 July 1999)
Section 8A of the Principal Act is amended as follows:(a) by omitting paragraph (d) from subsection (2) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the Director to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the Director's salary determined in accordance with section 5A(2) ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time; and(b) by omitting paragraph (d) from subsection (3) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the Director to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated in accordance with subsection (2)(d) .(c) by omitting paragraph (a) from subsection (6) and substituting the following paragraph:(a) in accordance with subsection (2)(d) ; and(d) by omitting from subsection (6A) "at the rate of 9% of the salary determined in accordance with section 5A(2) " and substituting "in accordance with subsection (2)(d) ".
PART 3 - Governor of Tasmania Act 1982 Amended
In this Part, the Governor of Tasmania Act 1982 is referred to as the Principal Act.
6. Section 6D amended (Superannuation benefits for Governor first appointed after 1 July 1999)
Section 6D of the Principal Act is amended as follows:(a) by omitting paragraph (d) from subsection (3) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the Governor to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the Governor's salary determined in accordance with section 4(1) ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time.(b) by omitting paragraph (a) from subsection (6) and substituting the following paragraph:(a) in accordance with subsection (3)(d) ; and(c) by omitting from subsection (6A) "at the rate of 9% of the salary determined in accordance with section 4(1) " and substituting "in accordance with subsection (3)(d) ".
PART 4 - Magistrates Court Act 1987 Amended
In this Part, the Magistrates Court Act 1987 is referred to as the Principal Act.
8. Section 10 amended (Terms and conditions of service of magistrates)
Section 10 of the Principal Act is amended by inserting after subsection (2) the following subsection:(3) A magistrate is an employee for the purposes of the Retirement Benefits Act 1993 .
PART 5 - Parliamentary Salaries, Superannuation and Allowances Act 2012 Amended
In this Part, the Parliamentary Salaries, Superannuation and Allowances Act 2012 is referred to as the Principal Act.
10. Schedule 3 amended (Superannuation for Members of Parliament Elected After 1 July 1999)
Clause 1 of Schedule 3 to the Principal Act is amended as follows:(a) by omitting paragraph (c) from subclause (2) and substituting the following paragraph:(c) the rate of employer superannuation contributions made in respect of the member of Parliament to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the member of Parliament's salary determined in accordance with section 4 ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time; and(b) by omitting paragraph (d) from subclause (3) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the member of Parliament to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated in accordance with subclause (2)(c) .(c) by omitting paragraph (a) from subclause (6) and substituting the following paragraph:(a) in accordance with subclause (2)(c) ; and(d) by omitting from subclause (7) "at the rate of 9% of the parliamentary salary determined in accordance with section 4 " and substituting "in accordance with subclause (2)(c) ".
PART 6 - Public Sector Superannuation Reform Act 1999 Amended
In this Part, the Public Sector Superannuation Reform Act 1999 is referred to as the Principal Act.
12. Section 6 amended (Election for scheme and payment into scheme)
Section 6 of the Principal Act is amended as follows:(a) by omitting subsection (5A) ;(b) by omitting subsection (7) and substituting the following subsection:(7) The rate of employer superannuation contributions to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated by reference to the employee's salary as defined under section 3AA and in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time.
PART 7 - Solicitor-General Act 1983 Amended
In this Part, the Solicitor-General Act 1983 is referred to as the Principal Act.
14. Section 9A amended (Superannuation entitlements of Solicitor-General appointed after 1 July 1999)
Section 9A of the Principal Act is amended as follows:(a) by omitting paragraph (d) from subsection (3) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the Solicitor-General to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the Solicitor-General's salary determined in accordance with section 5(1)(ab) ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time.(b) by omitting from subsection (6) "non-contributory scheme referred to in subsection (2) or the";(c) by omitting paragraph (a) from subsection (6) and substituting the following paragraph:(a) in accordance with subsection (3)(d) ; and(d) by omitting from subsection (6A) "at the rate of 9% of the salary determined in accordance with section 5(1)(ab) " and substituting "in accordance with subsection (3)(d) ".
PART 8 - Supreme Court Act 1887 Amended
In this Part, the Supreme Court Act 1887 is referred to as the Principal Act.
16. Section 8 amended (Superannuation entitlements of judge appointed after 1 July 1999)
Section 8 of the Principal Act is amended as follows:(a) by omitting paragraph (d) from subsection (2) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the judge to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the judge's salary determined in accordance with section 7 ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time; and(b) by omitting paragraph (d) from subsection (3) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of a judge to the accumulation scheme is to be calculated in accordance with subsection (2)(d) .(c) by omitting paragraph (a) from subsection (6) and substituting the following paragraph:(a) in accordance with subsection (2)(d) ; and(d) by omitting from subsection (6A) "at the rate of 9% of the salary determined in accordance with section 7 " and substituting "to that RSA in accordance with subsection (2)(d) ".
PART 9 - Supreme Court Act 1959 Amended
In this Part, the Supreme Court Act 1959 is referred to as the Principal Act.
18. Section 4AA amended (Superannuation entitlements of Associate Judge appointed after 1 July 1999)
Section 4AA of the Principal Act is amended as follows:(a) by omitting paragraph (d) from subsection (2) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the Associate Judge to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the Associate Judge's salary determined in accordance with section 4(4) ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time; and(b) by omitting paragraph (d) from subsection (3) and substituting the following paragraph:(d) the rate of employer superannuation contributions made in respect of the Associate Judge to the accumulation scheme is to be calculated in accordance with subsection (2)(d) .(c) by omitting from subsection (6) "the non-contributory scheme referred to in subsection (2) or";(d) by omitting paragraph (a) from subsection (6) and substituting the following paragraph:(a) in accordance with subsection (2)(d) ; and(e) by omitting from subsection (6A) "at the rate of 9% of the salary determined in accordance with section 4(4) " and substituting "to that RSA in accordance with subsection (2)(d) ".
PART 10 - Miscellaneous
This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.
[Second reading presentation speech made in:
House of Assembly on 21 MARCH 2013
Legislative Council on 18 APRIL 2013]