Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002
An Act to amend the Retirement Benefits Act 1993 , to make other amendments to the law relating to superannuation and to repeal the Parliamentary Superannuation Act 1973 and the Parliamentary Retiring Benefits Act 1985
[Royal Assent 27 November 2002]
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:
This Act may be cited as the Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002 .
(1) Sections 6 , 8 , 10 , 15 , 16 , 17 , 18 and 27 commence on a day to be proclaimed.(2) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.
3. Application of Retirement Benefits Act 1993
The amendments made by section 26 of this Act have effect notwithstanding section 29 of the Retirement Benefits Act 1993 .
In this Act, the Retirement Benefits Act 1993 is referred to as the Principal Act.
The amendments effected by this section have been incorporated into the authorised version of the Retirement Benefits Act 1993 .
6. Section 5 amended (Objects of Act)
Section 5(1) of the Principal Act is amended as follows:(a) by omitting paragraph (b) and substituting the following paragraph:(b) a person who is, or has been, elected as a member of Parliament; and(b) by omitting paragraph (f) and substituting the following paragraph:(f) in certain cases, the widow, widower and beneficiaries of any person referred to in paragraph (a) , (b) , (c) , (d) or (e) .
The amendment effected by this section has been incorporated into the authorised version of the Retirement Benefits Act 1993 .
8. Section 10 amended (Functions of Retirement Benefits Fund Board)
Section 10 of the Principal Act is amended by omitting subsection (3A) .
The amendment effected by this section has been incorporated into the authorised version of the Retirement Benefits Act 1993 .
10. Section 25 repealed
Section 25 of the Principal Act is repealed.
The amendment effected by this section has been incorporated into the authorised version of the Retirement Benefits Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Retirement Benefits Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Retirement Benefits Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Retirement Benefits Act 1993 .
15. Section 29 amended (Regulations)
Section 29 of the Principal Act is further amended by omitting subsection (1A) and substituting the following subsection:(1A) Without limiting subsection (1) , the regulations may provide –(a) for the administration of subfunds for members of Parliament first elected before 1 July 1999 and the widows, widowers and children of those members; and(b) for contributions to the Fund or a subfund to be made by the Minister which may be an appropriation of the Consolidated Fund; and(c) for any entitlement of members of Parliament arising from ill-health or physical or mental incapacity to be determined by a committee consisting of the President of the Legislative Council, the Speaker of the House of Assembly and the Secretary of the responsible Department in relation to the Public Account Act 1986 or his or her nominee; and(d) for the procedure to be followed by the committee; and(e) for the procedure to be followed in determining a dispute under this Act; and(f) that a person aggrieved by a decision of the Board or of the committee referred to in paragraph (c) may, on payment of a prescribed fee, require it to apply to the Supreme Court for a declaration as to the validity of its decision; and(g) for the powers of the Supreme Court on any such application; and(h) for the costs of the proceedings in the Supreme Court.
16. Section 29A substituted
Section 29A of the Principal Act is repealed and the following section is substituted:29A. Winding up of Retirement Benefits Fund Investment Trust and PSRB Trust
(1) In this section,State tax means application or registration fees, stamp duty or any other tax, duty, fee or charge imposed by any Act or law of Tasmania.(2) The transitional and savings provisions in Schedule 3 have effect with respect to the dissolution of the Retirement Benefits Fund Investment Trust.(3) The transitional and savings provisions in Schedules 4 and 4A have effect with respect to the dissolution of the PSRB Trust.(4) State tax is not payable in respect of any document prepared, or transaction effected, for the purposes of Schedule 3 or 4 .(5) Where the Minister is satisfied that the PSRB Trust and the Actuary have complied with clauses 6 and 7 of Schedule 4 , the Minister may, by notice published in the Gazette, declare that the PSRB Trust is dissolved.
17. Schedule 3 amended (Transitional and savings provisions arising from dissolution of Retirement Benefits Fund Investment Trust)
Schedule 3 to the Principal Act is amended by omitting clause 11 .
18. Schedules 4 and 4A inserted
After Schedule 3 to the Principal Act , the following Schedules are inserted:SCHEDULE 4 - Transitional Provisions Relating to Dissolution of PSRB TrustSection 29A(3) and (4)
1. Transfer of property of PSRB Trust, &c.(1) On the second commencement day –(a) any estate or interest in land and any money, investments or other property of the PSRB Trust are transferred to, and vest in, the Board; and(b) all obligations and liabilities of the PSRB Trust that are subsisting before that day become obligations and liabilities of the Board.(2) On and after the second commencement day –(a) any debt, money or claim, whether liquidated or unliquidated, that, immediately before that day, was payable to, or recoverable by, the PSRB Trust is to be a debt, money or claim payable to, or recoverable by, the Board, as the case may be; and(b) any debt due from or money payable by, or any other claim, whether liquidated or unliquidated, enforceable against, the PSRB Trust immediately before that day becomes a debt due from, money payable by or claim enforceable against the Board.2. Construction of instruments(1) This clause applies to an instrument which was in force immediately before the second commencement day and in which there is a reference to the PSRB Trust.(2) An instrument to which this clause applies has effect on and from the second commencement day as if –unless the context or subject matter of the instrument otherwise indicates or requires.(a) the reference to the PSRB Trust were a reference to the Board; or(b) if the case so requires, the reference to the PSRB Trust included a reference to the Board –3. Continuation of proceedings(1) Any legal or other proceedings that might, before the second commencement day, have been continued or instituted by, or against, the PSRB Trust may, on and after that day, be continued or instituted by, or against, the Board.(2) A judgment or order of a court obtained in legal proceedings by or against the PSRB Trust may be enforced by or, as the case may be, against the Board.4. Powers of Board in respect of matters arising under clauses 2 and 3On and after the second commencement day –(a) the Board may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of debts, money and claims referred to in clause 1(2) that are payable to, or recoverable by, the Board and for the prosecution of proceedings referred to in clause 3 as the PSRB Trust might have done but for the enactment of this Schedule; and(b) the Board may enforce and realise any security or charge existing immediately before the second commencement day in favour of the PSRB Trust and may exercise any powers conferred under the security or charge on the PSRB Trust as if it were a security or charge in favour of the Board.5. Contracts and agreementsAny contract, agreement, arrangement or undertaking entered into by the PSRB Trust, if not executed, discharged or otherwise terminated before the second commencement day, is taken to be a contract, agreement, arrangement or undertaking entered into by the Board.6. Statement of accounts and annual reportNotwithstanding the repeals effected by section 27 of the Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002 , it is the duty of the PSRB Trust to prepare and submit to the Minister, as soon as practicable after the second commencement day, a statement of accounts and –(a) if, on that day, the PSRB Trust has not complied with section 9A of the Parliamentary Superannuation Act 1973 , an annual report relating to the year ended on 30 June 2002; and(b) in any case, a further report, containing such particulars as the Minister may direct, relating to any subsequent period ending on the second commencement day –and, for the purposes of this clause, the Board must –(c) allow the PSRB Trust to have the services of employees and access to all relevant documents and records; and(d) pay from the relevant subfund all reasonable costs incurred by the PSRB Trust.7. Investigation by ActuaryAs soon as practicable after the second commencement day, the Actuary must –(a) undertake an investigation as to the state and sufficiency as at that day of the funds formerly established under the Parliamentary Superannuation Act 1973 and the Parliamentary Retiring Benefits Act 1985 ; and(b) report the result of the investigation to the Minister and to the Board.SCHEDULE 4A - Savings Provisions Relating to Dissolution of PSRB Trust1. Continuation of PSRB Trust(1) Notwithstanding the repeals effected by section 27 of the Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002, the PSRB Trust continues.(2) The PSRB Trust consists of –(a) the President of the Legislative Council; and(b) the Speaker of the House of Assembly; and(c) the Secretary of the responsible Department in relation to the Public Account Act 1986 .(3) If the President of the Legislative Council or the Speaker of the House of Assembly ceases to hold office by reason of the expiration of his or her term as a member, he or she may continue to act as a trustee until his or her successor in the office of President or Speaker is elected to that office.(4) If a vacancy occurs in the office of a trustee, the Governor may appoint a temporary trustee to hold office until the vacancy is filled by a person designated by this section to hold that office.(5) The seal of the PSRB Trust is not to be affixed to a document except in accordance with a resolution of the trustees, and is to be authenticated by the signatures of not less than 2 trustees.2. Proceedings of PSRB Trust(1) The affairs of the PSRB Trust are to be conducted at meetings of the Trust.(2) Meetings of the PSRB Trust may be convened by the chairperson of the Trust or by any 2 members of the Trust.(3) Two trustees constitute a quorum for the transaction of business at a meeting of the PSRB Trust.(4) The trustees must, as and when necessary, elect one of their number as the chairperson of the PSRB Trust.(5) The chairperson must preside at all meetings of the Trust at which he or she is present.(6) If the chairperson is absent from a meeting of the Trust, such one of the remaining trustees as they may mutually decide must preside at that meeting.(7) The chairperson has a deliberative vote only.(8) A question arising at a meeting of the PSRB Trust is to be decided by a majority of the votes of the trustees who are present at the meeting and vote on the question.(9) In the event of an equality of votes on a question arising at a meeting of the PSRB Trust at which not all the trustees are present, that question is to be postponed until a meeting at which all the trustees are present.(10) Subject to this clause, the PSRB Trust may regulate its own procedure.3. Functions of PSRB TrustThe functions of the PSRB Trust are limited to preparing a statement of accounts and annual report as provided by clause 6 of Schedule 4 .4. Expiry of Schedule 4AThis Schedule expires on the publication of a notice by the Minister under section 29A(5) .
The amendments effected by this section have been incorporated into the authorised version of the Retirement Benefits Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Director of Public Prosecutions Act 1973 .
The amendment effected by this section has been incorporated into the authorised version of the Governor of Tasmania Act 1982 .
The amendment effected by this section has been incorporated into the authorised version of the Parliamentary Salaries, Superannuation and Allowances Act 1973 .
The amendment effected by this section has been incorporated into the authorised version of the Solicitor-General Act 1983 .
The amendment effected by this section has been incorporated into the authorised version of the Supreme Court Act 1887 .
The amendment effected by this section has been incorporated into the authorised version of the Supreme Court Act 1959 .
The amendments effected by this section have been incorporated into the authorised version of the Retirement Benefits Regulations 1994 .
(1) The Parliamentary Superannuation Act 1973 and the Parliamentary Retiring Benefits Act 1985 are repealed.(2) The Parliamentary Superannuation Regulations 1999 and the Parliamentary Retiring Benefits Regulations 1999 are rescinded.