LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - TABLE OF PROVISIONS CHAPTER 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 3A. Meaning of discontinuance CHAPTER 2--DEFINED BENEFITS SCHEME PART 2.1--PRELIMINARY 3B. Application--ch 2 3C. Definitions--ch 2 PART 2.2--LEGISLATIVE ASSEMBLY MEMBERS SUPERANNUATION BOARD Division 2.2.1--Establishment of board 4. Establishment 5. Functions 6. Powers Division 2.2.2--Constitution and operation 7. Constitution 8. Chair of board 9. Secretary of board 10. Meetings 11. Procedure at meetings 11A. Annual report by board PART 2.3--ENTITLEMENTS OF MEMBERS 12. Eligibility 13. Members' contributions 15. Superannuation benefit 16. Death or invalidity benefit 17. Payment to estate 18. Preservation of benefit 18A. Members may transfer to choice of funds scheme PART 2.4--NOTIFICATION AND REVIEW OF DECISIONS 19. Definitions--pt 2.4 20. Internal review notices 21. Applications for reconsideration 21A. Reconsideration 21B. Reviewable decision notices 21C. Applications to ACAT CHAPTER 3--CHOICE OF FUNDS SCHEME 22. Application--ch 3 23. Choice of fund by members 24. Territory contributions CHAPTER 4--MISCELLANEOUS 25. Regulation-making power DICTIONARY ENDNOTES LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - LONG TITLE An Act to provide superannuation benefits for members of the Legislative Assembly, and for related purposes LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 1 Name of Act This Act is the Legislative Assembly (Members' Superannuation) Act 1991. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 3A Meaning of discontinuance (1) For this Act, a "discontinuance", in relation to a member, happens when the member's term of office ends by-- (a) death; or (b) resignation; or (c) retirement on the ground of invalidity; or (d) disqualification or expulsion; or (e) dissolution of the Legislative Assembly; or (f) the ending of the member's term of office under the Self-Government Act, section 10 (Term of office of member). (2) However, a discontinuance is taken not to have happened for this chapter if the member is re-elected to the Legislative Assembly at-- (a) if subsection (1) (e) applies--the 1st general election after the dissolution of the Assembly; or (b) if subsection (1) (f) applies--the general election for which the polling day marks the end of the member's term of office. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 3B Application--ch 2 This chapter applies in relation to a member elected before the 2008 general election, in relation to a relevant period of service by the member, until the earlier of the following events: (a) the member's discontinuance; (b) if the member makes an election under section 18A (Members may transfer to choice of funds scheme)--the amount of the member's benefit under this chapter is paid under the section. Note Elected--see the dictionary. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 3C Definitions--ch 2 In this chapter: "board" means the Australian Capital Territory Legislative Assembly Members Superannuation Board established under section 4. "invalidity", in relation to a person, means a permanent disability to which at least 2 doctors certify, and that the board decides, is likely to result in an inability ever to work in an occupation for which the person is reasonably qualified by education, training or experience. "relevant period of service" means the period during which a person served as a member in consecutive terms, but does not include a period of service in relation to which the person has received a superannuation benefit under this chapter. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 4 Establishment There shall be an Australian Capital Territory Legislative Assembly Members Superannuation Board. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 5 Functions (1) The board shall be responsible for the administration of this chapter. (2) Without limiting subsection (1), the board shall be responsible for-- (a) determining entitlements in accordance with this chapter; and (b) determining applications for retirement on the grounds of invalidity. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 6 Powers The board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 7 Constitution (1) The board is constituted by 4 persons, being-- (a) the Speaker of the Legislative Assembly or, in the absence of the Speaker, the Deputy Speaker; and (b) a government member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of government members or an alternate government member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of government members; and (c) an opposition member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of opposition members or an alternate opposition member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of opposition members; and (d) the director-general of the administrative unit responsible for the Financial Management Act 1996. (2) In this section: "government member" means a member of the Executive or a member who belongs to a party, or is associated with a group of members, represented on the Executive. "opposition member" means a member who is not a government member. "relevant procedures" means the procedures laid down in the Standing Orders of the Legislative Assembly for the election of the Speaker. (3) The performance of the functions or the exercise of the powers of the board is not affected by reason only of a vacancy in the membership of the board. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 8 Chair of board The Speaker or, in the absence of the Speaker, the Deputy Speaker is the chair of the board. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 9 Secretary of board The director-general of the administrative unit responsible for the Financial Management Act 1996 is the secretary of the board. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 10 Meetings (1) The chair shall convene a meeting of the board-- (a) whenever the chair considers necessary for the efficient performance of its functions; and (b) upon the written request of any member. (2) Where the chair proposes to convene a meeting of the board, he or she shall, not later than 5 days before the date of the proposed meeting, give each member of the board a notice in writing specifying-- (a) the date, time and place of the meeting; and (b) the matters to be considered at the meeting. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 11 Procedure at meetings (1) The chair shall preside at all meetings of the board at which he or she is present. (2) Where the chair is absent from a meeting a member of the board chosen by those present shall preside at the meeting. (3) The member of the board presiding at a meeting may give directions regarding the procedure to be followed at the meeting. (4) At a meeting, 3 members of the board constitute a quorum. (5) Questions arising at a meeting shall be decided by a majority of the votes of the members of the board present and voting. (6) The presiding member has a deliberative vote and, in the event of an equality of votes, a casting vote. (7) The board shall keep minutes of its proceedings. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 11A Annual report by board The board must, after each 30 June, present to the Legislative Assembly a report of the board's operations during the financial year ending on that date. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 12 Eligibility A person who holds, or has held, office as a member is eligible on the person's discontinuance to receive benefits under this chapter in relation to the person's relevant period of service. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 13 Members' contributions A member must pay 5% of the member's salary into the territory banking account in respect of superannuation benefits. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 15 Superannuation benefit (1) Superannuation benefit is payable to a person entitled to a benefit under section 12, in respect of the person's relevant period of service, by way of a lump sum calculated in accordance with the following formula: where: "BSD" means the basic salary payable, on the date of that person's discontinuance, to members who are not office-holders. "SPA" means the sum of the person's annual percentage accruals calculated in accordance with subsection (2). (2) Annual percentage accruals are calculated as at 30 June each year for the financial year ended on that date during the continuance of a member's relevant period of service and at 30 June in the financial year during which the member's discontinuance occurred, and are equal to 29% for each full year of service. (3) Where a member has been an office-holder during any part of a financial year the member's annual percentage accrual for that year is increased by multiplying the 29% referred to in subsection (2) by a number calculated in accordance with the following formula: where: TSR means the total salary received by that member during that financial year. TSPM means the total basic salary which would have been received by the member during that financial year had the member not been an office-holder at any time during that financial year. (4) Where a person was not a member during the whole of the financial year the person's annual percentage accrual for that year is reduced by multiplying that 29% referred to in subsection (2) by a number calculated in accordance with the following formula: where: "NDM" means the number of days in that financial year on which that person was a member. (5) In this section: "office-holder" means a member who receives additional salary under the remuneration tribunal's determination in relation to the Legislative Assembly. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 16 Death or invalidity benefit (1) Where-- (a) a member's discontinuance is due to death or invalidity; and (b) the member was under 60 years of age on the date of the member's discontinuance; a further benefit is payable in accordance with this section. (2) The further benefit under subsection (1) is calculated by dividing the superannuation benefit payable to the member under section 15 by the number of days in the member's relevant period of service and then multiplying the quotient by the number of days from the date of the member's discontinuance until the date on which the member would attain the age of 60 years. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 17 Payment to estate Where a person-- (a) becomes eligible to receive a benefit under this chapter; and (b) dies before that benefit is paid; the benefit is payable to the estate of that person. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 18 Preservation of benefit (1) This section applies to a person who becomes entitled to a superannuation benefit under this chapter if the person-- (a) is less than 55 years old; or (b) is at least 55 years old but remains a member of the workforce. (2) The benefit is payable-- (a) if the person is leaving Australia permanently or the entitlement is because of a discontinuance caused by the person's death or invalidity--immediately to the person; or (b) in any other case-- (i) to an eligible choice fund chosen by the person; or (ii) if the person does not choose an eligible choice fund within 3 months after the day the person becomes entitled to the benefit--the default fund. (3) For subsection (2) (b) (i), the choice must be in writing given to the board. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 18A Members may transfer to choice of funds scheme (1) A member may elect to transfer the amount of the member's benefits under this chapter to a fund chosen by the member under section 23 (Choice of fund by members). (2) An election must be in writing given to the board. (3) The board must-- (a) determine the amount of the member's benefit under section 15 (Superannuation benefit) as if the member were entitled to receive a benefit under section 12 (Eligibility); and (b) pay the amount to the fund. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 19 Definitions--pt 2.4 In this part: "internally reviewable decision" means a decision of the board under this Act. "internal review notice"--see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). "reviewable decision" means a decision of the board-- (a) in relation to an internally reviewable decision; or (b) to refuse to extend the period for applying for reconsideration of a decision under section 21 (3). LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 20 Internal review notices If the board makes an internally reviewable decision, the board must give an internal review notice to each entity that has interests affected by the decision. Note The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 21 Applications for reconsideration (1) An entity that has interests affected by a reviewable decision may apply to the board for reconsideration of the decision. (2) The application must-- (a) be in writing; and (b) state the applicant's name and address; and (c) set out the applicant's reasons for making the application. (3) The application must be given to the secretary of the board within-- (a) 30 days after the day the applicant is given the internal review statement; or (b) a longer period allowed by the board before or after the end of the 30-day period. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 21A Reconsideration The board must, within 30 days after the board receives the application for reconsideration-- (a) confirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute its own decision. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 21B Reviewable decision notices If the board makes a reviewable decision, the board must give a reviewable decision notice to each entity that must be given an internal review notice. Note 1 The board must also take reasonable steps to give a reviewable decision notice to anyone whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 21C Applications to ACAT The following may apply to the ACAT for review of a reviewable decision: (a) an entity that is given a reviewable decision notice; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 22 Application--ch 3 This chapter applies to a person who is elected as a member at or after the 2008 general election, other than someone to whom chapter 2 (Defined benefits scheme) applies. Note Elected--see the dictionary. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 23 Choice of fund by members (1) A member may choose an eligible choice fund to which contributions under section 24 are to be paid for the member's benefit. (2) The member may change the member's choice. (3) The choice, or change of choice, must be in writing given to the Speaker. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 24 Territory contributions (1) The Territory must pay the prescribed amount for a member to the relevant fund for the member. (2) In this section: "designated percentage" means-- (a) 14%; or (b) if another percentage is prescribed by regulation--the prescribed percentage. "prescribed amount", in relation to a member, means-- (a) if the member has made an election under section 18A (Members may transfer to choice of funds scheme) and a discontinuance is taken not to apply to the member after the election was made--an amount equal to 24% of the member's salary for each year, or part of a year, that the member is a member of the Legislative Assembly; or (b) in any other case-- (i) an amount equal to the designated percentage of the member's salary for each year, or part of a year, that the member is a member of the Legislative Assembly; and (ii) if, for a period, the member contributes to the member's relevant fund at the rate of 3% or more of the member's salary for the period--an additional amount equal to 1% of the member's salary for the period. "relevant fund", in relation to a member, means-- (a) if a choice under section 18A (Members may transfer to choice of funds scheme) or section 23 (Choice of fund by members) has been made by the member--the chosen fund; or (b) in any other case--the default fund. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - SECT 25 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: o ACAT o Deputy Speaker o director-general (see s 163) o exercise o function o Legislative Assembly o remuneration tribunal o reviewable decision o Self-Government Act o Speaker. "board", for chapter 2 (Defined benefits scheme)--see section 3C. "default fund" means-- (a) First State Super; or (b) if another eligible choice fund is prescribed by regulation--the prescribed fund. "discontinuance"--see section 3A. "elected", in relation to a member, includes a person declared elected under either of the following provisions of the Electoral Act 1992: (a) section 194 (1) (Determination of candidate to fill vacancy); (b) section 195 (1) (Assembly nominees). "eligible choice fund" means an eligible choice fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 32D. "general election" means a general election of members. "internally reviewable decision", for part 2.4 (Notification and review of decisions)--see section 19. "internal review notice", for part 2.4 (Notification and review of decisions)--see section 19. "invalidity", for chapter 2 (Defined benefits scheme)--see section 3C. "member" means a member of the Legislative Assembly. "relevant period of service", for chapter 2 (Defined benefits scheme)--see section 3C. "reviewable decision", for part 2.4 (Notification and review of decisions)--see section 19. "salary", of a member, means the member's salary including any additional salary but not including allowances. LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history The Legislative Assembly (Members' Superannuation) Act 1991 was originally the Superannuation (Legislative Assembly Members) Act 1991. It was renamed by the Superannuation (Legislative Assembly Members) Amendment Act 2008 A2008-40 (see s 5). Legislative Assembly (Members' Superannuation) Act 1991 No 93 notified 24 December 1991 (Gaz 1991 No S155) s 1, s 2 commenced 24 December 1991 (s 2 (1)) remainder commenced 6 January 1992 (s 2 (2) and Gaz 1992 No S1) as amended by Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch pt 33 notified 1 July 1996 (Gaz 1996 No S130) sch pt 33 commenced 1 July 1996 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 372 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 372 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.63 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.63 commenced 2 June 2005 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.95 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.95 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.54 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.54 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.67 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.67 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Superannuation (Legislative Assembly Members) Amendment Act 2008 A2008-40 notified LR 3 September 2008 s 1, s 2 commenced 3 September 2008 (LA s 75 (1)) remainder commenced 4 September 2008 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.93 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.93 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Preliminarych 1 hdg ins A2008-40 s 4 Preliminarypt 1 hdg om A2008-40 s 4 Name of Acts 1 sub A2007-3 amdt 3.477; A2008-40 s 5 Dictionarys 2 om 2001 No 44 amdt 1.3946 ins A2007-3 amdt 3.480 Notess 3 defs reloc to dict A2007-3 amdt 3.479 sub A2007-3 amdt 3.480 def approved deposit fund om A2007-3 amdt 3.478 def approved purposes om A2007-3 amdt 3.478 def approved rules om A2007-3 amdt 3.478 def superannuation fund om A2007-3 amdt 3.478 Meaning of discontinuances 3A ins A2008-40 s 6 Defined benefits schemech 2 hdg ins A2008-40 s 7 Legislative Assembly Members Superannuation Boardpt 2 hdg om A2008-40 s 7 Preliminarypt 2.1 hdg ins A2008-40 s 7 Establishment, functions and powers of boarddiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA om A2008-40 s 7 Application--ch 2s 3B ins A2008-40 s 7 Definitions--ch 2s 3C ins A2008-40 s 7 def board ins A2008-40 s 7 def invalidity ins A2008-40 s 7 def relevant period of service ins A2008-40 s 7 Legislative Assembly Members Superannuation Boardpt 2.2 hdg ins A2008-40 s 7 Establishment of boarddiv 2.2.1 hdg ins A2008-40 s 7 Functionss 5 am A2008-40 s 8 Constitution and meetingsdiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA om A2008-40 s 9 Constitution and operationdiv 2.2.2 hdg ins A2008-40 s 9 Constitutions 7 am A2005-20 amdt 3.403; A2011-22 amdt 1.285 Chair of boards 8 sub A2008-28 amdt 3.163 Secretary of boards 9 sub A2008-28 amdt 3.163 am A2011-22 amdt 1.286 Meetingss 10 am A2008-28 amdt 3.164 Procedure at meetingss 11 am A2008-28 amdt 3.164 Annual report by boards 11A ins A2008-40 s 10 Entitlements of memberspt 2.3 hdg ins A2008-40 s 11 Eligibilitys 12 sub A2008-40 s 12 Members' contributionss 13 am 1996 No 26 sch pt 33 sub A2008-40 s 12 Entitlements of former memberss 14 am 1996 No 26 sch pt 33 om A2008-40 s 12 Superannuation benefits 15 am A2008-40 s 13, amdts 1.1-1.4 Death or invalidity benefits 16 am A2008-40 s 14, amdt 1.5 Payment to estates 17 am A2008-40 s 15 Preservation of benefits 18 am A2007-3 amdt 3.481 sub A2008-40 s 16 Members may transfer to choice of funds schemes 18A ins A2008-40 s 16 Notification and review of decisionspt 2.4 hdg ins A2008-40 s 17 sub A2008-37 amdt 1.298 Definitions--pt 2.4s 19 sub A2008-37 amdt 1.298 def internally reviewable decision ins A2008-37 amdt 1.298 def internal review notice ins A2008-37 amdt 1.298 def reviewable decision ins A2008-37 amdt 1.298 Internal review noticess 20 am 1994 No 60 sch 1 sub A2008-37 amdt 1.298 Applications for reconsiderations 21 am 1994 No 60 sch 1 sub A2008-37 amdt 1.298 Reconsiderations 21A ins A2008-37 amdt 1.298 Reviewable decision noticess 21B ins A2008-37 amdt 1.298 Applications to ACATs 21C ins A2008-37 amdt 1.298 Choice of funds schemech 3 hdg ins A2008-40 s 18 Entitlements of memberspt 3 hdg om A2008-40 s 11 Application--ch 3s 22 sub A2008-40 s 18 Choice of fund by memberss 23 sub 2001 No 44 amdt 1.3947; A2008-40 s 18 Territory contributionss 24 ins A2008-40 s 18 Miscellaneousch 4 hdg ins A2008-40 s 18 Review of decisionspt 4 hdg om A2008-40 s 17 Regulation-making powers 25 ins A2008-40 s 18 Miscellaneouspt 5 hdg om A2008-40 s 18 Transitional--Superannuation (Legislative Assembly Members) Amendment Act 2008ch 10 hdg ins A2008-40 s 18 exp 4 September 2009 (s 101) Transitional regulationss 100 ins A2008-40 s 18 exp 4 September 2009 (s 101) Expiry--ch 10s 101 ins A2008-40 s 18 exp 4 September 2009 (s 101) Dictionarydict ins A2007-3 amdt 3.482 sub A2008-40 s 19 am A2008-37 amdt 1.299, amdt 1.300; A2011-22 amdt 1.287 def board reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def contributing member am 1996 No 26 sch pt 33 reloc from s 3 A2007-3 amdt 3.479 om A2008-40 s 19 def default fund ins A2008-40 s 19 def discontinuance reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def elected ins A2008-40 s 19 def eligible choice fund ins A2008-40 s 19 def general election reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def internally reviewable decision ins A2008-37 amdt 1.301 def internal review notice ins A2008-37 amdt 1.301 def invalidity reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def member reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def office-holder reloc from s 3 A2007-3 amdt 3.479 om A2008-40 s 19 def relevant period of service reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def reviewable decision ins A2008-37 amdt 1.301 def salary ins A2008-40 s 19 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 1994 No 60 28 February 1995 2 A2001-44 20 December 2001 3 A2005-20 2 June 2005 4 A2007-3 12 April 2007 5 A2008-28 26 August 2008 6 A2008-40 4 September 2008 7 A2008-40 2 February 2009 8 A2008-40 5 September 2009 (c) Australian Capital Territory 2011 LEGISLATIVE ASSEMBLY (MEMBERS' SUPERANNUATION) ACT 1991 - NOTES Australian Capital Territory A1991-93 Republication No 9 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Legislative Assembly (Members' Superannuation) Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Legislative Assembly (Members' Superannuation) Act 1991 Endnotes Australian Capital Territory Legislative Assembly (Members' Superannuation) Act 1991