Monash University Calendar
Statutes
Chapter 3 - Officers of the university
1. Election 1.1 The chancellor must be elected by the members of the Council
for a term of three years commencing on the first day of January following
the election.
1.2 A deputy chancellor must be elected by the members of the
Council for a term of three years commencing on the first day of January
following the election.
1.3 Whenever a vacancy occurs during the term of office of a
serving chancellor or deputy chancellor, a person must be elected by
the members of the Council to fill the office for the balance of the
interrupted term.
1.4 For the purposes of an election to the office of chancellor
or deputy chancellor, the membership committee of Council must put
forward the name of a single candidate and the Council may by resolution
declare that person elected.
1.5 A chancellor or deputy chancellor, whether holding office
for a full term or for the balance of an interrupted term, is eligible
for re-election.
2. General 2.1 The chancellor
is a member ex officio of any board, faculty or committee established
or constituted by or under the Act, any statute or regulation, or by
any resolution of the Council.
2.2 The chancellor may at his or her
discretion preside at any meeting of such board, faculty or committee,
and in doing so shall have all the rights, powers and duties of the
chairperson.
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1. The vice-chancellor and president -
1.1.1 shall on appointment if not already a professor be appointed
a professor but sections 1, 2 and 3 of Statute 3.4.1 - The professors do
not apply to the vice-chancellor and president; 1.1.2 shall ex officio be a member of each faculty board and
committee within the university and subject to the precedence and authority
of the chancellor and deputy chancellor, may preside at any meeting
of such faculty board or committee;
1.1.3 shall subject to the Act, any statute or regulation or
any resolution of Council be responsible for and have the superintendence
and management of the educational, administrative and any other operational
affairs of the university; and
1.1.4 may require from any officer of the university a written
or oral explanation or comment in relation to any matter concerning
an alleged neglect of duty, misconduct or inefficiency by an officer
of the university.
2. A reference to the vice-chancellor in any statute or
regulation is a reference to the vice-chancellor and president.
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1.1 The Council may appoint one or more deputy vice-chancellor
and vice-presidents as required, to act for and assist the vice-chancellor
and president in the execution of his or her powers and duties.
1.2 A deputy vice-chancellor and vice-president -
1.2.1 shall be appointed to hold office for such period and
on such conditions as the Council determines;
1.2.2 may on appointment if not already a professor be appointed
a professor but sections 1, 2.1, 2.2, 2.3 and 3 of Statute 3.4.1 - The
professors do not apply to a professor appointed under this paragraph;
1.2.3 subject to the Act any statute or regulation or any resolution
of Council, shall have such powers and duties -
1.2.3.1 as are delegated from time to time to him or her by
the vice-chancellor and president; and
1.2.3.2 as are conferred or imposed by any statute, regulation
or resolution of Council;
1.2.4 may delegate any of the powers and duties referred to
in paragraph 1.2.3 to any officer of the university who reports to
him or her.
2.1 A deputy vice-chancellor holding office at the date
of the coming into operation of Miscellaneous Statutes (Amendment
1999) continues to hold office after that date as a deputy vice-chancellor
and vice-president, and nothing done by or in relation to a deputy
vice-chancellor is affected by the change in title.
2.2 A
reference to a deputy vice-chancellor in any university document
is a reference to a deputy vice-chancellor and vice-president.
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1. The
Council may appoint one or more pro vice-chancellors as required, to
act for and assist the vice-chancellor and president and any deputy vice-chancellor
and vice-president in the execution of their powers and duties.
1.2 A pro vice-chancellor -
1.2.1 shall be appointed to hold office for such period and on
such conditions as the Council determines;
1.2.2 may on appointment if not already a professor
be appointed a professor but sections 1, 2.1, 2.3 and 3 of
Statute 3.4.1 - The professors do not apply to a professor appointed under this paragraph;
1.2.3 subject to the Act any statute or regulation or any resolution
of Council, shall have such powers and duties -
1.2.3.1 as are delegated from time to time to him or her by the
vice-chancellor and president or any deputy vice-chancellor and vice-president;
and
1.2.3.2 as are conferred or imposed by any statute, regulation or
resolution of Council;
1.2.4 may delegate any of the powers and duties referred
to in paragraph 1.2.3 to any officer of the university who reports
to him or her.
2. The vice-chancellor and president may appoint a deputy pro
vice-chancellor, for such period and on such conditions as the vice-chancellor
and president determines, to act for and assist a pro vice-chancellor
in the execution of his or her powers and duties.
3. The pro vice-chancellor of an overseas campus
has the title pro vice-chancellor and president followed by the name
of the particular country in brackets.
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1. The Council may appoint a person to be the dean of a faculty
to hold office for such period as the Council may determine. A dean shall
be eligible for re-appointment to that office. When appointed, a dean
shall also be appointed a professor if not already a professor.
2. Subject to and, where applicable, in accordance
with Statute 2.3 - The faculties, a dean of a faculty
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2.1 shall convene meetings of the faculty and of the faculty
board;
2.2 shall be chairman of the faculty and of the faculty
board, shall be ex officio a member of any committee of the faculty
or of the faculty board and may at his or her discretion be chairman
of any such committee;
2.3 shall transmit to the Academic Board resolutions and
recommendations of all meetings of the faculty and of the faculty
board;
2.4 shall exercise a general superintendence over the
educational and administrative affairs of the faculty;
2.5 shall
undertake such duties and responsibilities and may exercise
such powers as are delegated by the vice-chancellor and president;
2.6 may require from the chairman of any department
of the faculty particulars in writing of the work being done
by any member of the academic staff of the department or,
if the faculty is not divided into departments, may require
from any professor of the faculty particulars in writing
of the work being done by any member of the academic staff
of the faculty whose duties are subject to the supervision
of the professor;
2.7 shall each year, in accordance with a time schedule
approved by the Academic Board, submit to the deputy vice-chancellor
and vice-president responsible for the academic administration
of the university for transmission through the Academic Board
to the Council a concise report of the work done in the faculty
during the preceding year;
2.8 shall be responsible to the Council through the
vice-chancellor and president.
2A.1 To assist
the dean of a faculty in the execution of the dean's powers
and duties -
2A.1.1 the vice-chancellor
and president may appoint, from members of the faculty,
one or more deputy deans of the faculty; and
2A.1.2 the
dean may appoint, from members of the faculty, one
or more associate deans of the faculty and such other officers
as the dean requires.
2A.2 A dean
may delegate any of his or her powers and duties
to any officer of the faculty appointed under this section
or, with the approval of faculty board, to any member
of the faculty.
3.1 Where
for any period the office of dean of a faculty
is vacant or the dean of a faculty either is absent
from the university for more than one day or is
holding the office of acting vice-chancellor and president,
the Council may appoint a member of the faculty
to be acting dean of the faculty during the period.
3.2 While
during any period referred to in subsection 3.1
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3.2.1 there
is no acting dean of the faculty appointed
by the Council, the vice-chancellor and president may
appoint a member of the faculty to be acting dean of the
faculty; or
3.2.2 there
is no acting dean of the faculty appointed by the
Council or the vice-chancellor and president,
the deputy dean of the faculty shall be the
acting dean of the faculty.
3.3 For
the purposes of paragraph 3.2.2, where
there is no deputy dean of a faculty or the deputy
dean is absent from the university for
more than one day, the associate dean of the faculty
shall be the acting dean.
3.4 Where
there are two or more deputy deans or
associate deans in a faculty, a reference to 'deputy
dean' or 'associate dean' in this section
or in any statute or regulation is a
reference to the first appointed of those deputy
or associate deans, or, where the first
appointed is absent or otherwise unavailable,
to any other deputy or associate dean
(as the case requires) in order of appointment.
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Part I - General
1. There shall be such professors as the Council may from time
to time determine.
2.1 Except as provided in subsection 2.2 a professor shall
be a full-time officer of the university.
2.2 The Council may, acting on the advice of a committee
approved by the Council for the purpose, appoint a person as
a professor holding office as a part-time officer of the university
provided that no such appointment shall be made if, as a result
thereof the number of professors then holding office as part-time
officers of the university would exceed ten per centum of the
total number of professors of the university then holding office.
2.3 The
duties of a professor shall include teaching, examining,
research and research supervision.
2.4 A professor shall
be responsible to the Council through the vice-chancellor
and president, dean and chairman of department as may be appropriate.
3.1 Except as otherwise provided in particular cases, each
professor shall be entitled to hold office until the end of the calendar
year in which the professor reaches the age of sixty-five years or
until his resignation or removal or dismissal by the Council as hereinafter
provided on the ground that the professor has become permanently incapacitated
by age or infirmity or has become inefficient from causes other than
age or infirmity or has been guilty of misconduct: provided that notwithstanding
anything to the contrary the Council shall have power to determine
by an absolute majority a professor's occupation of office without
cause shown after the professor shall have attained the age of sixty
years.
3.2 A professor may retire from the service of the
university after the end of the calendar year in which he or
she reaches sixty years of age and with superannuation rights
as provided in Statute 3.6 - Staff superannuation scheme.
4.The Council may in its discretion consider and determine
whether any professor has become permanently incapacitated by age or
infirmity from performing the duties of his office: provided that no
decision affirming such permanent incapacity shall be valid unless
carried by an absolute majority of the Council, but if so carried it
shall be final. Any professor thus declared to be permanently incapacitated
shall be removed from his office by the Council.
5. The Council may at its discretion consider and
determine whether there is reason for inquiry concerning
the conduct or efficiency of any professor and may appoint
a time at which to hold such inquiry and may for the purpose
of such inquiry call upon the Academic Board or any officer
of the university to investigate and report upon the conduct
or efficiency of such professor and may call any member,
officer or servant of the university or other witness to
give evidence before it: provided that due notice of the
nature of the inquiry and of the time appointed be given
to the professor concerned and that the professor be afforded
opportunity of attending and of producing such statements
and such evidence on his or her own behalf as may be relevant.
A true transcript of evidence given by each witness and by
the professor concerned at such inquiry shall be made and
signed by the witness or the professor as the case may be,
and a copy of such transcript shall be provided to each member
of the Council at least seven days before any meeting at
which the Council proposes to reach a decision concerning
the conduct or efficiency of the professor concerned. After
such inquiry the Council if it holds that any misconduct
or inefficiency from causes other than age or infirmity has
been proven against the professor may censure, suspend or
dismiss such professor: provided that no sentence of censure,
suspension or dismissal shall be valid unless carried by a vote
of an absolute majority of the Council, but if so carried
it shall be final.
6. In case any professor be temporarily incapacitated
by sickness or other cause from performing the duties of office
to the satisfaction of the Council, the Council may appoint
a substitute and the Council may deduct not more than half
the salary of the professor during the time of incapacity for
the remuneration of such substitute.
7. The Council may grant leave of absence to any professor
and may appoint a substitute or substitutes who shall if the Council
shall so decide be paid in whole or in part out of the salary of such
professor.
8.Any person appointed by Council to act temporarily as a professor
with the title of acting professor, whether or not appointed as a substitute
for a professor, shall during the period of his appointment be entitled
to the rank of professor.
9. A professor shall not -
9.1 sit in Parliament;
9.2 without the permission
of the Council give private instruction for fee or reward
or deliver for fee or reward lectures to persons who are not
students of the university;
9.3 without the permission
of the Council engage in the practice of any profession or
in the conduct of any trade or business, otherwise than in
the course of the professor's office in the university.
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Part II - Particular appointments
10. Fixed term appointments
10.1 The Council, acting on the advice of a committee
approved by the Council for the purpose, may appoint a person as
a professor for a specified period.
10.2 Except where
otherwise provided, a person who, pursuant to any provision of this
part, is appointed as a professor for a specified period is, during
the period of the appointment, entitled to the rank of professor
and on all occasions to be regarded to as a professor of the university.
11. Honorary appointments
11.1 The Council, acting on the advice of a committee
approved by Council for the purpose, may make honorary professorial
appointments.
11.2 To be eligible for an honorary
appointment a person -
11.2.1 must be a person
of eminence who contributes to the teaching or research activities
of a particular faculty in the university; and
11.2.2 must
be a full-time employee of an institution affiliated with
the university or of another appropriate institution.
11.3 An
honorary appointment -
11.3.1 must be
for a period not exceeding five years; and
11.3.2 lapses
if the holder ceases to satisfy the requirements for
appointment specified in subsection 11.2.
11.4 The
holder of an honorary appointment -
11.4.1 shall
be a member of the appropriate department and eligible
for membership of the appropriate faculty board;
11.4.2 is
deemed to be a member of the teaching staff;
11.4.3 is
not eligible for membership of the Academic Board;
and
11.4.4 is
not entitled to any stipend arising from his
or her honorary duties.
12. Conjoint appointments
12.1 The Council may appoint a professor conjointly
with another institution, after entering into an agreement approved
by both parties.
12.2 The holder of a conjoint
appointment holds office in accordance with the terms of the
agreement but otherwise the provisions of part I of this statute apply
mutatis mutandis.
13. Adjunct appointments
13.1 The Council, acting on the advice of a committee
approved by Council for the purpose, may make adjunct professorial
appointments.
13.2 To be eligible for an adjunct
appointment, a person shall be a person of eminence, not currently
a member of the university staff, able to contribute to the teaching
or research activities of a particular faculty in the university.
13.3 An
adjunct appointment must be -
13.3.1 for a
period not exceeding five years; and
13.3.2 in
respect to a particular faculty.
13.4 The
holder of an adjunct appointment -
13.4.1 is
not eligible for membership of the Academic Board.
13.4.2 is
eligible to be paid out of the budget of the appropriate
faculty such remuneration for the performance of
his or her duties as the vice-chancellor and president
or nominee, in consultation with the dean of the
faculty, from time to time determines;
14. Sponsored appointments
14.1 The Council, after entering into a sponsorship
agreement with another institution, may appoint a person as a professor
pursuant to the agreement.
14.2 A person appointed
as a professor pursuant to a sponsorship agreement -
14.2.1 is
eligible for membership of the Academic Board; and
14.2.2 is
entitled to hold office until the sponsorship funding under
the agreement ceases or for a period of five years, whichever
first occurs.
14.3 Subject to this section
and to the sponsorship agreement, the provisions of part
I of this statute apply mutatis mutandis to a professor
appointed under this section.
15. Visiting scholars
15.1 The Council, acting on the advice of a committee
approved by the Council for the purpose, may confer on any visiting
scholar the title of professor for such a period and upon such
conditions as the Council determines.
15.2 A visiting
scholar is not, by virtue of the title of professor, a member of
the teaching staff or eligible for membership of the Academic Board.
16. Named Chair professors
16.1 The Council, acting on the advice of a committee
approved by the Council for the purpose, may appoint a person to
a named chair professorship.
16.2 To be eligible for
appointment to a named chair professorship, a person -
16.2.1 must
be a professor who has made or will make a significant contribution
to the particular faculty in the university;
16.2.2 must
have demonstrated outstanding achievement in teaching and research;
and
16.2.3 must
have high international standing in scholarship evidenced by
publications.
16.3 A
named chair professor must be appointed -
16.3.1 for
a period not exceeding five years; and
16.3.2 in
respect of a particular faculty.
17. Sir John Monash distinguished
professors
17.1 The Council, acting on the advice of a committee
approved by the Council for the purpose, may appoint a person to
be a Sir John Monash distinguished professor.
17.2 To
be eligible for appointment as a Sir John Monash distinguished professor,
a person must be a professor of exceptional distinction, who has
made an outstanding and sustained contribution to the university.
17.3 An
appointment as a Sir John Monash distinguished professor must be
for a period not exceeding five years.
18. Professorial fellows
18.1 The Council, acting on the advice of
a committee approved by the Council for the purpose, may
confer the title of professorial fellow on a person in recognition
of national or international eminence where it is beneficial
to the university to have an association with that person.
18.2 An
appointment as a professorial fellow must be for a period
not exceeding five years.
18.3 A professorial
fellow is not eligible for membership of the Academic
Board.
19. Emeritus professors
19.1 The Council may, by a vote of an absolute
majority of its members, confer the title of emeritus professor
on any former professor of the university in recognition
of distinguished academic service.
19.2 An
emeritus professor -
19.2.1 shall, for
all purposes of courtesy and on ceremonial occasions,
be regarded as a professor of the university;
19.2.2 is
not entitled to membership of the Academic Board.
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Statute 3.4.2 - repealed 2004
Statute 3.4.3 - repealed 2004
Statute 3.4.4 - repealed 2004
Statute 3.4.5 - repealed
2004
Statute 3.4.6 - repealed 2004
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1. There shall be a head of the central secretariat
of the university, however from time to time described, and
such other administrative positions as may be required and
approved by the vice-chancellor and president.
2. Subject to the Act, this or any other statute, any
regulation or any resolution of Council, an administrative officer
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2.1 has the powers, duties, status and tenure attached
to the officer's administrative position under the officer's
contract of employment; and
2.2 is responsible to another
officer of the university as directed by the vice-chancellor
and president.
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1. In this statute, unless the contrary intention appears:
'administrators' means the administrators referred to in section
4 of this statute;
'approved life office', or 'life office' means a life office approved
for the purposes of this statute by the Council;
'Council' means the Council of Monash University constituted
in accordance with the Monash University Act 1958;
'dependant',
in relation to a member, means - (a) the wife, widow,
or child of the member and (b) any other person who in the opinion
of the administrators is or, in the case of a deceased member,
was at the date of the member's death in any way or to any
extent dependent upon the member or entitled under any legal
right or claim to look to the member for support;
'designated beneficiary', in relation to a member, means a
person or persons for the time being nominated by the member,
in the form prescribed by section 17 of this statute, as eligible
to receive benefits under the scheme after the death of
the member;
'endowment assurance policy' means a policy of
assurance on the life of a member with or without disablement
benefits which provides for payment of the sum assured -
(a) on the
maturity of the policy or (b) subject to the
policy conditions, on the death of the member occurring before
the maturity date;
'fund' means the staff superannuation fund established
under this statute;
'Interim Council' means the Interim
Council of Monash University constituted in accordance
with the Monash University Act 1958;
'member'
means a member of the scheme;
'pension date', in
relation to a member, means the thirty-first day of December
in the secular year in which he attains the age of sixty-five
years; provided that where a person at the time of becoming
a member is within ten years of his sixty-fifth birthday
his pension date shall be as determined by the administrators;
'pure endowment policy' means a policy of assurance on
the life of a member with or without disablement benefits
which provides for - (a) the payment of the sum endowed
on the maturity date of the policy and (b) in the event
of the death of the member before the maturity date, the
return of the premiums paid in respect of the policy, either
with or without interest as provided by the policy;
'salary',
in relation to a member, means the annual basic
salary paid to the member by the university, and does not include
additions to the basic salary on account of cost-of-living
adjustments or temporary additions to the basic salary;
'scheme' means the staff superannuation scheme established
under this statute;
'the policy', in relation to a member,
means the policy or policies of assurance on the life
of the member effected for the purposes of the scheme or
accepted for those purposes; and
'the university' means Monash
University established and incorporated under the Monash University Act 1958.
2. In this statute words importing the singular or plural
number of the masculine or feminine gender shall include the plural
or singular number or the feminine or masculine gender (as the case
may be).
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3. The Council is authorised to establish and maintain
a staff superannuation scheme in accordance with this statute.
4.1 The fund and scheme shall be administered by administrators
consisting of -
4.1.1 the chancellor for the time being or a member
of the Council nominated from time to time by the chancellor;
4.1.2 the
vice-chancellor for the time being or a member of the university
nominated from time to time by the vice-chancellor;
4.1.3 a
member of the full-time teaching staff appointed by the
Council as occasion requires;
4.1.4 the deputy vice-chancellor
and vice-president responsible for university-wide resource
management; and
4.1.5 a member administrator elected
from among their number by the members of the scheme.
4.2 Any
administrator may at any time convene a meeting of
the administrators by giving at least twenty-four
hours' previous written notice to the other administrators.
4.3 At
all meetings of the administrators -
4.3.1 the
chairman shall be, in order of precedence, the
chancellor, the deputy chancellor or the vice-chancellor
if any of them is present as an administrator
or, none of them being so present, the administrators
present shall elect one of their number to be
the chairman;
4.3.2 three
administrators shall form a quorum;
4.3.3 all
questions arising shall be decided by a majority
of votes; and
4.3.4 the
chairman shall have a casting vote, as
well as a deliberative vote.
4.4 The method
of conducting the election for and the
term of office of the member administrator shall
be such as are from time to time determined
by the administrators provided that the
term of office of the member administrator as
so determined shall not be more than
three years.
4.5 The
office of the member administrator shall
become vacant and a casual vacancy shall be deemed
to have arisen if at any time during
his term of office he resigns his office or
ceases to be a member or absents himself
without special leave from three consecutive
meetings of the administrators
4.6 No
proceedings of the administrators shall
be invalidated by reason only of
there being a vacancy in the number of administrators
at the time of such proceedings or
by reason only of any administrator
not having been appointed or elected
or holding office at the time of
such proceedings.
5. The administrators shall have the fullest and most
complete powers of management of the fund and of the scheme. A resolution
of the administrators shall be final and conclusive and not subject
to any appeal to the Council; provided that before acting in any
matter involving actuarial considerations the administrators shall
consult a qualified actuary.
6. The administrators may make agreements with universities
or other educational or research institutions for the setting up
of joint machinery to facilitate the transfer of members from a superannuation
scheme controlled by one such body to a superannuation scheme controlled
by another, and generally in regard to all matters affecting the
scheme.
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Part 111 - The superannuation scheme
7.1 All persons appointed for a period of not less than
three years as full-time members of the academic, technical and administrative
staff of the university and having a status not lower than that of
lecturer shall become members of the scheme as a condition of appointment
unless they are exempted by the Council.
7.2 Other members of the staff of the university may become
members pursuant to an invitation by the Council.
7.3 In case
of doubt as to whether a particular employee is, for the purposes
of subsection 7.1, a full-time member of the academic, technical or
administrative staff of the university or has a status not lower than
that of lecturer the Council shall decide that question and its decision
shall be final and conclusive.
8. The application by a member of the staff of the university
to become a member of the scheme shall be in the following form and
the signature to this application shall constitute an agreement by
the member to be bound by the terms of this statute and of any amendments
made hereto in accordance with section 27 of this statute.
Monash University Staff Superannuation
Scheme
Application for membership of staff superannuation
scheme (Statute 3.6)
The registrar:
I, ........................ , being a member of the
staff of the university and being required to join the scheme as
a condition of my appointment (or, as the case may be, having been
invited by the Council to join the scheme) hereby apply for membership
of the staff superannuation scheme established under Statute
3.6 - Staff superannuation scheme. In consideration of my admission
to membership of the scheme, I agree to be bound by and to comply
with the provisions of Statute 3.6 as the same is from time to time
in force.
Dated this ...................... day of...................................
19.......
Signature .............................................................................
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9.1 Subject to subsections 9.2 and 9.3, when a person becomes
a member he shall effect with an approved life office an endowment
assurance policy on his life, or, if he is not less than fifty-five
years of age, or has an unassurable life, a pure endowment policy,
for such amount as, having regard to his age, is obtainable at an
annual premium equal to the contributions payable by the university
and himself as provided in this statute in respect of his salary
at the time when he becomes a member.
9.2 When a person becomes a member he shall elect whether
the policy shall be expressed to mature at his sixtieth birthday
or at his pension date and whether the policy shall or shall
not provide for participation in any surplus that may be distributed
by the life office from time to time by way of reversionary additions
to the sums assured under participating policies provided however
that at any time after such election the member may request that
the policy be altered to mature at his pension date or on his
sixtieth birthday or on any day specified by the member which
occurs after his sixtieth birthday as the case may be and, if
the life office approves and subject to any conditions required
by the life office, the policy shall be altered accordingly.
9.3 A
person who, when he becomes a member, is not less than fifty-five
years of age or has an unassurable life, may elect that, in
lieu of the effecting of a policy on his life, the contributions under
section 11 of this statute by him and by the university in
respect of him shall be dealt with according to subsections 9.5 and
9.6.
9.4 Where
the policy is expressed to mature before the member's pension
date and the policy matures while the member is in the full-time
service of the university, the moneys payable under the policy and
received by the university from the life office together with the contributions
which are thereafter until the member's pension date made under
section 11 of this statute by him and by the university in
respect of him shall be dealt with according to subsections 9.5 and
9.6.
9.5 The
moneys, being contributions and other moneys, if any, which
pursuant to subsections 9.3 and 9.4 are to be dealt with according
to this and the next following subsection shall be held and accumulated
by the university with power in the administrators to direct
the investment of such moneys and their accumulations in
investments authorised by law for the investment of trust moneys or,
if the member so requests in writing, in any other manner approved
by the administrators.
9.6 The moneys held by the university
in respect of a member pursuant to subsection 9.5 and any
investments representing any such moneys, and the income from such
moneys and investments shall, for the purposes of this statute, be
treated in all respects as nearly as possible as if they
were the policy or the moneys received on the maturity of the policy,
as the case may require.
10.1 The administrators may agree to accept for the purpose
of the scheme an existing policy of assurance on the life of the
member or a deferred annuity policy in lieu of the policy required
to be effected under the last preceding section, if the policy is
assigned in statutory form to the university and at the date of the
transfer is not encumbered.
10.2 When the administrators so agree the member shall forthwith
assign the existing policy of assurance or cause it to be assigned
in statutory form to the university.
10.3 This section does not apply to an existing policy unless
-
10.3.1 the administrators are satisfied that the conditions
of the policy are substantially in accordance with the requirements
of this statute as to policies for the purposes of the scheme;
or
10.3.2 the policy has been accepted for the purposes
of the Federated Superannuation System for Universities (Great
Britain).
11.1 Subject to the next succeeding section, a member shall
contribute five per centum of his salary and the university shall
contribute annually a sum equal to ten per centum of the member's
salary.
11.2 Contributions under this section shall continue until
the pension date of the member or the date on which the member ceases
to be in the full-time service of the university (whichever is the
earlier) but if the member continues in the service of the university
after his pension date he may apply for the continuation of contributions
under this section until he ceases to be in the service of the
university and if the administrators approve his application the contributions
shall so continue unless and until the administrators, on the request
of the member, agree that contributions should cease.
11.3 Contributions
under this section shall, except as otherwise provided in this
statute, be applied by the administrators in payment of the premiums
on the policy.
11.4 The university may deduct from payments
of salary to the member the amounts necessary to meet the member's
contributions under this section, and all amounts so deducted
and applied in or towards meeting the member's contributions
and the amount of any premiums paid by the administrators in
anticipation or default of contributions by the member shall
be deemed to be money paid at the request of the member and
on his behalf.
11.5 The
administrators may pay from the fund a premium upon the policy
in anticipation of contributions by the member or the university,
or in default of contributions by the member.
12.1 If, after the policy has been effected, the salary
of a member is increased or reduced, the contributions under the
last preceding section shall not be increased or reduced unless the
rate of increase or reduction in salary is greater or less, by more
than fifty dollars per annum, than the rate of salary upon which
those contributions are being made for the time being.
12.2 Where, by reason of a change in salary, the contributions
in respect of a member are increased or reduced, the sum assured
under the policy shall be appropriately adjusted.
12.3 If a
member is absent from the service of the university, with or without
remuneration from the university -
12.3.1 he shall pay his
contributions for the period of his absence unless the administrators,
in their discretion, agree to pay his contributions from the fund;
and 1
2.3.2 the
Council may determine, in its discretion, whether the university
or the member shall pay the university's contributions for that
period and those contributions shall be paid accordingly.
12.4 Where
the salary of a member is reduced and the member has given to
the administrators written notice that he elects to have this subsection
apply to his contributions, the total of the contributions payable
in respect of the member while his salary is reduced shall remain
the same as the total payable immediately before the reduction
in his salary with the university's contributions being at the
rate specified in subsection 11.1 based on the member's reduced
salary and the member's contributions being appropriately increased
to make up the difference.
12.5 Where
the salary of a member is reduced by agreement between the
university and the member, the university may in the absolute discretion
of the Council continue to contribute an amount equal to its
prior contribution immediately before the reduction of the
member's salary or such lesser amount, (being not less than 10 per
cent of the member's reduced salary), as the Council in its discretion
decides, even though such contribution may exceed 10 per cent
of the member's reduced salary as specified in subsection 11.1.
13. Where the premiums upon a policy which is proposed
to be accepted for the purposes of the scheme are payable in a currency
other than Australian, the administrators may make an arrangement
with the member with respect to payment of the exchange upon those
premiums and for the variation of the rights of the member under
this statute in consequence of the arrangement, and in any such case
this statute operates subject to the terms of the arrangement.
14.1 A policy effected for the purposes of the scheme shall
be either in the name of the university or in the name of the member
and in the latter case it shall be assigned in statutory form by
the member to the university.
14.2 The member shall arrange for the policy to be delivered
by the life office to the university.
14.3 The university shall
retain possession of the policy, but shall make it available for
inspection by the member at any reasonable time.
15.1A member shall not, without the consent in writing
of the administrators, assign, either absolutely or as security,
or charge or attempt to assign or charge his rights in respect of
the policy or any of them.
15.2 If a member -
15.2.1 becomes bankrupt, or without
the consent in writing of the administrators assigns or charges or
attempts to assign or charge any of his rights in respect of the
policy or any investments and moneys held in the fund in respect of
him or does or suffers anything by which any such rights would or might,
through his act or default or by operation or process of law, become
vested in or payable to any person; or
15.2.2 becomes a lunatic
or is in the opinion of the administrators incapable of managing
his own affairs; the rights of the member in respect of the policy
or any such investments and moneys shall forthwith determine and the
administrators may surrender the policy, or continue the policy for
the time being and surrender it later, or continue it until maturity
or the prior death of the member and may at any time while the policy
continues agree to any variation of its conditions.
15.3 Any
moneys representing the member's rights so determined which are received
or held by the administrators, whether upon surrender or at the
maturity of the policy or on the death of the member or upon realising
investments or already held in the fund, shall, at the option of
the administrators be -
15.3.1 applied
towards the maintenance or benefit of the member or his dependants
or such one or more of them as the administrators, in their
discretion, think fit provided that while the member continues in the
service of the university no such application shall be made except
for the relief of hardship;
15.3.2 paid in any of the ways mentioned
in section 17 of this statute; or
15.3.3 paid into
the fund.
16. The university has a lien or charge upon the policy
in respect of a member and the moneys payable under the policy and
upon all moneys and property held in the fund in respect of the member
for all sums owing by the member in pursuance of this statute and
for premiums paid in anticipation of contributions, or in default
of contributions by a member and not recouped, and also for all sums
owing by the member to the university on any account whatsoever.
If the university shall guarantee or shall have guaranteed the payment
by the member of any money or the performance by the member of any
obligation and the guarantee shall be subsisting when any benefit
becomes payable from the fund to or in respect of the member, the
university (irrespective of whether or not it has any security or
other remedy), may retain the whole or any part of the benefit payable
to or in respect of the member and apply the same in or towards securing
the discharge of the university from all liability or obligation
(accrued contingent or presumptive) under the guarantee.
17.1 If a member dies while in the full-time service of
the university, the university shall receive payment of the moneys
payable under the policy from the life office, and subject to sections
15 and 16 of this statute shall pay those moneys, or the balance
of those moneys, as the case may be, to or for the benefit of members
of a class consisting of -
17.1.1 the designated beneficiary or beneficiaries;
17.1.2 the
dependants of the member; and
17.1.3 the persons who if the
member had died intestate (whether in fact he did so or not) would
have been entitled to share beneficially in his estate as his next
of kin; or such one or more of them and to the exclusion of the
other or others of them and in such proportions and manner as the administrators
shall in their absolute discretion think fit or to the member's
legal personal representative. If a person to whom or for whose benefit
the administrators shall in the exercise of their discretion aforesaid
have determined that money shall be paid or applied shall be under
any legal disability or incapacity, the administrators may instead
of making payment to that person make payment to some other person
appearing to the administrators to have the care or custody of
or the expense of the care or custody of that person, or appoint a
separate trustee or trustees of the moneys the subject of their determination
and pay such moneys to the trustee or trustees so appointed
to hold upon the trusts and with and subject to the powers and provisions
in the determination of the administrators declared and contained.
The receipt of any such other person or separate trustee or trustees
shall be a sufficient discharge to the administrators for any moneys
so paid and the administrators shall not be bound to see to the
application of the same and shall be discharged from further trust
obligations in respect of the same.
17.2 The form of nomination
of a designated beneficiary shall be as follows:
Monash University Staff Superannuation Scheme
Member's nomination of designated beneficiary (Statute 3.6)
The registrar:
(c/o The Staff administration officer)
Whereas, I ........................................................,
am a member of the staff superannuation scheme. And whereas by Statute
3.6 - Staff superannuation scheme one of the rights of membership
provided by the scheme is the right to nominate persons to be eligible
to receive payments under the scheme. Now, therefore, I hereby nominate
as my designated beneficiary, or beneficiaries, as the case may be
(state relationship, if any, and full name and address) ...............................................
of ..............................................
............................................... of
.............................................. Provided always that
this nomination may at any time be revoked by me and is subject to
any subsequent nomination I may make.
Dated this ............................ day of .............................
19 .....
Signed by the said ...................................................................
in the presence of ...................................................................
(signature and address of witness other than a beneficiary)
...........................................................
(signature of member)
18.1 he university shall receive payment from the life
office of the moneys payable under the policy if it matures while
the member is in the full-time service of the university and, subject
to sections 15, 16 and 17 and to the succeeding subsections of this
section, the university shall pay to the member on the pension date
applicable to him the moneys so received together with any other
moneys then held by the university in respect of the member.
18.2 If the administrators think fit, the university
may, in lieu of paying to the member moneys referred to in
this section, use these moneys in the purchase of an annuity
payable to the member during his lifetime.
18.3 If the
member continues in the service of the university after his
pension date, the moneys received by the university under
subsection 18.1 of this section and the contributions by and
in regard to and in respect of the member under section 11
of this statute made after his pension date shall be held and
accumulated by the university with power in the administrators
to direct the investment of the moneys and their accumulations
in investments authorised by law for the investment of trust
moneys or if the member so requests, in writing, in any other
manner approved by the administrators and the investments shall
be held until the contributions cease in accordance with subsection
11.2 of this statute, whereupon the investments shall be realised
and the proceeds together with any income received from the
investments, shall subject to sections 15 and 16 -
18.3.1 in
the case of death - be paid in the manner specified in
the last preceding section; or
18.3.2 in the case of
retirement - be paid to the member or in the discretion
of the administrators used in the purchase of an annuity payable
to the member during his lifetime.
19.1 If, before his pension date, a member resigns from
the full-time service of the university and his resignation is accepted
by the Council or a member is retired by the Council, the university
shall, subject to sections 15, 16 and 35 of this statute, transfer
the policy to the member or according to his direction, and the transfer
shall be in full settlement of all claims of the member under this
scheme.
19.2 The provisions of subsection 19.1 extend to a
member whose appointment expires by effluxion of time before
his pension date and who is not forthwith appointed or re-appointed
to an office by virtue of holding which he is eligible to continue
to be a member of the scheme.
19.3 If a member, being
a professor, is compulsorily retired by the Council between
the ages of sixty years and sixty-five years and the policy
is expressed to mature at his pension date the university
shall, subject to sections 15, 16 and 35 of this statute, pay
to the member an amount equal to the difference between -
19.3.1 the
surrender value of the policy at the thirty-first day of December
in the secular year in which he is retired; and
19.3.2 the
amount which would have been payable under the policy if
it had been expressed to mature at the thirty-first day of
December in the secular year in which he is retired.
20. Subject to section 35 of this statute, if a member
is dismissed from the full-time service of the university before
attaining his pension date the Council may deal with the policy or
the policy moneys as it thinks just.
21. Any person who, being eligible to participate in the
scheme, refuses or omits to take the requisite steps to have a policy
effected on his life as provided by this statute shall be deemed
to have relieved the university of any obligation to him or his dependants
on his retirement or death or on his ceasing for any other reason
to be employed by the university.
22.1 Notwithstanding any provision or direction contained
in or implied by this statute that moneys shall be paid or that investments
shall be realised, where the administrators are so requested in writing
by any person or persons entitled whether absolutely or contingently
and whether in a fiduciary or a personal capacity to the payment
of any moneys pursuant to this statute, the administrators may transfer
such investments in specie either in whole or in part to such person
or persons in such shares and in such manner as may be appropriate
having regard to the entitlement of such person or persons and may
charge receive and pay such sums as may be required or appropriate
for equality of partition or division of any such investments between
such persons if there is more than one.
22.2 Notwithstanding anything to the contrary herein
otherwise contained the administrators in lieu of requiring
an individual policy on the life of a member to be effected
in the name of, or assigned to, the university may arrange
for the benefit in respect of him which would have otherwise
been so secured to be secured by a policy issued by an approved
life office which may also secure benefits in respect of other
members thereunder and any benefit so secured shall for the
purposes of this statute be treated mutatis mutandis as if it were
an individual policy effected on the life of that member: provided
always that whenever for any of the purposes referred to in sections
19 and 20 of this statute the university is required, or in the
exercise of its discretion determines, to assign a policy effected
on the life of a member to him the administrators shall request
the life office concerned to issue an individual policy on
the life of that member and in his name in full or partial
satisfaction and discharge as the case shall require of all
claims of the member under this scheme.
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23.1 A staff superannuation fund is hereby created.
23.2 There shall be paid into the fund -
23.2.1 any
sum directed to be so paid under this statute;
23.2.2 any
benefaction received for the purposes of the scheme; and
23.2.3 such
other sums as the Council shall from time to time direct.
23.3 Subject
to provision for all necessary expenses of investment and for
payments to members hereunder the administrators shall invest
the fund in securities authorised for the investment of trust
funds subject to the approval of the Council which shall have
the custody of all securities wherein the fund shall for the
time being be invested.
24. The administrators shall -
24.1 cause proper accounts and records of the fund to be kept;
24.2 prepare
a statement of the receipts and payments of the fund and of the assets
and liabilities thereof made up to the thirty-first day of December
in each year the first of such statements to be made up to the thirty-first
day of December 1960; and
24.3 cause the statements to be
submitted for audit within three months after the date to which
they are made up.
25. Subject to the next succeeding section the administrators
shall hold the fund upon trust at their discretion to make to any
member on retirement or to the dependants of any member in case of
his death in the service of the university such payments ex gratia
as may be deemed necessary to relieve financial distress and anxiety
in addition to the benefits (if any) accruing to that person under
Part 4 of this statute.
26. If the Council introduces any other staff superannuation
scheme in addition to or in substitution for the scheme provided
for by this statute the Council may provide that the fund shall be
available to provide benefits under the new scheme as if the Council
were at all times absolute beneficial owner of the fund and without
regard to the wishes of any member.
Part 6 - repealed on 29 July 1980
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Definitions
28. In this part, unless the contrary intention appears:
'approved employment' means, in respect of a member, the total
of -
(i) the period of his employment prior to the date of
his entering the service of the university that is certified
by an approved scheme as being his approved employment at
that date,
(ii) the period of his employment with the university;
and
(iii) the period or periods of his subsequent employment,
if any, in public employment - but excluding from such
total any such period or periods preceding any single break
of more than three months in the member's being in any such
employment and neither being nor totalling five years or
more;
'approved scheme' means either a superannuation scheme
declared under section 134 of the Superannuation Act to be
an eligible superannuation scheme for the purposes of Division
3 of Part IX of that Act or a superannuation scheme declared
under section 145(11) of that Act to be an approved superannuation
scheme for the purposes of section 145 of that Act, and
where the context so admits or requires shall include the
body administering any such scheme;
'public employment' means
employment declared under section 133 of the Superannuation
Act to be public employment for the purposes of Division
3 of Part IX of that Act;
'Superannuation Act' means the Superannuation Act 1976 of
the Commonwealth of Australia or any statutory modification
or re-enactment thereof for the time being in force.
Transfer of policy from an approved
scheme
29. Where, in respect of a member, a policy (hereinafter
called 'the section 29 policy') is accepted for the purposes of the
scheme pursuant to section 10 of this statute and the policy was
maintained at any time by an approved scheme, the administrators
shall ascertain from the approved scheme, the amount of the employer
component of the premiums paid on the policy by the approved scheme
(being premiums other than those paid while the employee was a contributor
under the Parliamentary Retiring Allowances Act 1948 -
1973 or was an employee of another university) such amount being
hereinafter referred to as the 'employer component'.
Transfer of cash amount from an
approved scheme 30. A member who has been a member of an approved scheme
may by notice in writing given within three months after becoming
a member (or within such longer period as the administrators in circumstances
they consider special may approve) request the administrators to
accept into the scheme an amount payable to or in respect of that
member by the approved scheme and based wholly upon the employer's
contributions or partly upon the employee's and partly upon the employer's
contributions to the approved scheme (hereinafter called 'the approved
benefits') and upon receiving such a request the administrators shall
take all reasonable steps to accept and receive the approved benefits
into the scheme free from any liens charges or encumbrances to be
held on and subject to the provisions of this part
Apportionment of approved benefits 31. When the administrators receive approved benefits pursuant
to section 30, they shall ascertain from the approved scheme what
part of the approved benefits the member would have been entitled
to receive from the approved scheme if he had not been transferred
to the scheme (that part being hereinafter called 'the ordinary benefit')
and what part represents a benefit which would not otherwise have
been payable to or in respect of the member (that part being hereinafter
called 'the contingent benefit').
Application of ordinary benefit
32. The ordinary benefit received by the administrators
in respect of a member pursuant to sections 30 and 31 shall be applied
towards the acquisition of a paid up policy with an approved life
office pursuant to section 9 of this statute or otherwise applied
in accordance with that section depending upon any election made
by the member pursuant to that section but so that the ordinary benefit
will at all times be separately identifiable.
Application of contingent benefit 33. The contingent benefit received by the administrators
in respect of a member pursuant to sections 30 and 31 shall be applied
towards the acquisition of a separate paid up policy with an approved
life office pursuant to section 9 of this statute or otherwise applied
in accordance with that section depending upon any election made
by the member pursuant to that section but so that the contingent
benefit will at all times be separately identifiable.
Special conditions for transferred
policy and approved benefits 34. Subject to section 35 of this statute and to any conditions
which may be imposed by the approved scheme (such conditions not
being inconsistent with the provisions of this statute) the administrators
shall treat any policy transferred from an approved scheme or the
approved benefits (or any policy representing the same) in accordance
with and subject to the provisions of the preceding parts of this
statute relating to the policy.
Benefit in certain circumstances 35.1 If a member referred to in section 29 or a member to
whom section 30 applies ceases to be in the employ of the university
in circumstances coming within sections 19 or 20 of this statute
and
(a) he becomes employed in public employment within three months after
the date when he so ceases or
(b) his approved employment is five years or more
the administrators shall, at the option of the member exercised by
notice in writing given to the administrators not later than twenty-one
days after the date that he ceased to be in the employ of the university
(or such longer period as the administrators may allow):
35.1.1 if the member is a member referred to in section 29
of this statute, transfer to him the benefit to which he is entitled
under such of the other provisions of the scheme as are relevant in
the circumstances of his case, and either
35.1.1.1 subject to
subsections 35.2, 35.3 and 35.4, retain the section 29 policy in
the scheme as a fully paid policy until maturity thereof whereupon
the proceeds shall be paid to him, if he is then living, or be otherwise
dealt with in accordance with section 17 of this statute or
35.1.1.2 transfer
the section 29 policy to him upon his refunding to the administrators
for retention in the scheme for the general purposes hereof such
amount as shall be notified to him by the administrators having
regard to the employer component of the premiums paid by the approved
scheme ascertained pursuant to section 29 of this statute, or surrender
the policy in part (as may be requisite to provide that amount
of refund) whereupon the unsurrendered balance of the policy shall
be transferred to him and the proceeds of the surrendered part retained
in the scheme for the general purposes hereof; or
35.1.2 if
the member is a member to whom section 30 of this statute applies,
transfer to him the benefit to which he is entitled under such
of the other provisions of this scheme as are relevant in the
circumstances of his case, and either
35.1.2.1 subject to subsections
35.2, 35.3 and 35.4, retain the policy or policies representing
the approved benefits in the scheme until maturity thereof
whereupon the proceeds shall be paid to him, if he is then living,
or be otherwise dealt with in accordance with section 17 of this statute
or
35.1.2.2 transfer
to him the policy issued in respect of the amount of the
ordinary benefit and surrender the policy issued in respect of the
amount of the contingent benefit and retain the proceeds in the scheme
for the general purposes hereof.
35.2 If a member
to whom subsection 35.1 applies becomes the member of another
approved scheme (whether of another university or otherwise),
the administrators shall at the request of the member and
with the agreement of the other approved scheme transfer
to the other approved scheme any policy which would otherwise
be retained in the scheme until maturity in respect of
the member pursuant to subsection 35.1.
35.3 Subject
to subsection 35.4, where a member to whom subsection
35.1 applies became employed in public employment within three
months after the date he ceased to be employed by the
university but at that date his period of approved employment was
less than five years and where the administrators are pursuant
to that subsection retaining any policy in the scheme
until maturity thereof, if the member ceases to be employed without
having completed twenty years approved employment, he
shall not be entitled to the policy being retained in the scheme
but shall be entitled to receive at the time he ceases
to be employed in approved employment the benefits prescribed
by subsection 35.5.
35.4 Notwithstanding
subsections 35.1 and 35.3 concerning any policy
retained in the scheme until maturity thereof in respect of a
member, and irrespective of whether the member has
completed five years approved employment:
35.4.1 if
the member dies, the proceeds of the policy shall
be dealt with in accordance with section 17 of this
statute;
35.4.2 if
the member retires from active employment after
having attained the age of sixty years, the policy shall
be transferred to him;
35.4.3 if
the member ceases to be employed because
of his ill-health, the policy may at the discretion
of the administrators be surrendered at that
time or at any time thereafter and the proceeds paid
to the member. For the purposes of paragraph
35.4.3 of this subsection, 'ill-health' means a state
of health as to which the administrators are
satisfied that the relevant member has by reason of invalidity
or of physical or mental incapacity become incapable
(otherwise than temporarily) of performing duties
of a kind suitable to be performed by him having
regard to the duties performed by him while in
the employ of the university and the duties performed
by him in the employment (if any) in which he
was employed after he ceased to be in the employ of
the university.
35.5 If
a member referred to in section 29 or to
whom section 30 applies ceases to be in the
employ of the university in circumstances which although
coming within section 19 or 20 of this statute
do not come within clause (a) or clause (b)
of subsection 35.1, the administrators shall:
35.5.1 if
the member is a member referred to in
section 29 of this statute, pay to him the benefit
to which he is entitled under such of the other
provisions of the scheme as are relevant
in the circumstances of his case, and transfer the section
29 policy to him upon his refunding to the
administrators for retention in the scheme for the general purposes
hereof such amount as shall be notified to
him by the administrators having regard to the employer
component of the premiums paid by that approved
scheme ascertained pursuant to section 29
of this statute, or surrender the policy in part
(as may be requisite to provide that amount
of refund) whereupon the unsurrendered balance of
the policy shall be transferred to him and
the proceeds of the surrendered part retained in
the scheme for the general purposes hereof;
or
35.5.2 if
the member is a member to whom section
30 of this statute applies, transfer to him the
benefit to which he is entitled under such
of the other provisions of the scheme as are relevant
in the circumstances of his case, transfer
to him the policy issued in respect of the ordinary
benefit, surrender the policy in respect
of the amount of the contingent benefit, and retain
the proceeds of the surrendered policy
in the scheme for the general purposes hereof.
Invested approved benefits 36. Where moneys representing approved benefits are held
on behalf of a member in accordance with subsection 9.5 of this statute
and the member ceases to be in the employ of the university, those
moneys, and any investments representing any such moneys, and the
income from such moneys and investments shall be dealt with, as far
as practicable in accordance with such of the provisions and principles
of section 35 of this statute as are applicable, appropriate and
equitable in the particular circumstances of his case.
Retrospectivity 37. The provisions of this part shall apply retrospectively
from the first day of January 1970 and for this purpose the administrators
may do all such things, may enter into such agreements and may give
such extensions of time as are reasonably required in order that
a member or former member may avail himself of the benefits of this
part in all respects as though it had been in full force and effect
on and from the first day of January 1970.
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38. Notwithstanding anything expressed or implied to the
contrary herein, the university may with the consent in writing of
the member concerned, arrange for the relevant life office to accept
a transfer or surrender of a policy effected pursuant to this scheme
or accepted into this scheme pursuant to the provisions of section
10 hereof, and to invest the proceeds of such transfer or surrender
with an approved life office or with more than one of the approved
life offices on such conditions as the university shall from time
to time determine provided that conditions of the transfer or surrender
shall be:
38.1 that the policy so transferred or surrendered shall be
retransferred or reinstated as if it had remained in full force and
effect and as if all the premiums which would have been payable in
respect of the policy had been duly paid during the period of such
transfer or surrender if the member concerned or a person pursuant
to section 15 or 17 hereof shall, during the period of such arrangement,
qualify to receive payment of the proceeds of the policy or become
entitled to an assignment or re-assignment of the policy under any
of the provisions of this statute; and
38.2 that the policy
shall be retransferred or reinstated at the end of the period of
such arrangement as if it had remained in full force and effect and
as if all the premiums which would have been payable in respect of
the policy had been duly paid during the said period unless the member
concerned shall have consented in writing, given prior to the date
upon which the said arrangement shall end, to the transfer of the member's
interest in this scheme to another superannuation, pension or like
fund pursuant to section 39 hereof.
39.1 If a member notifies the administrators in writing
that he desires to cease to be a member of the scheme and to become
a member of another superannuation, pension or like scheme or fund
approved by the Council for the purposes of this section, then upon
the member's admission to such other scheme or fund the administrators
shall either
39.1.1 transfer to the member the policy effected in respect
of that member; or
39.1.2 if the member so requests in writing transfer to the
trustees of the other scheme or fund or to their order the policy
effected in respect of that member.
39.2 Upon such transfer
being effected all interest of whatsoever nature of the member in
the scheme shall cease and the administrators shall thereby be released
and discharged accordingly in respect of all claims by or in respect
of that member or in respect of any person claiming through or under
the member or as his designated beneficiary dependent or otherwise.
40. In the event of a member being admitted or being eligible
to be admitted to membership of another superannuation, pension or
like fund established for the purpose of making provision for individual
personal benefits pensions retiring allowances and death and disablement
benefits (or some of such benefits) for employees of the university,
the administrators may (with the consent in writing of the member
concerned) transfer or cause to be transferred to that other fund
or to the administrators or trustees (whether custodian or otherwise)
of that other fund or to the order of such administrators or trustees
such part of the assets held by or on behalf of the administrators
in connection with this scheme as may be determined by the administrators
to be appropriate in all the circumstances in respect of the interest
of that member in this scheme. Any such determination by the administrators
as aforesaid shall be binding on all the members in this scheme.
The administrators may impose such conditions in relation to the
subject matter of such transfer as they may consider to be consistent
with or warranted by the circumstances and the provisions of this
scheme. Upon such transfer being effected all interest of whatsoever
nature of that member in this scheme shall cease and the administrators
shall thereby be released and discharged accordingly from all claims
by or in respect of that member and by or in respect of any person
referred to in section 15 or 17 hereof.
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1. There shall be established a fund to be called the
Disability Pensions Fund (hereinafter referred to as 'the fund')
to which shall be credited -
1.1 the contributions of each contributor paid pursuant
to this statute;
1.2 any benefactions received for the
purposes of the fund;
1.3 such sums as the university
may provide from time to time;
1.4 income derived
from the investment of the fund.
2. The fund shall be administered by the administrators
(hereinafter referred to as 'the administrators') who shall be those
persons who are from time to time the administrators of the staff
superannuation scheme (hereinafter referred to as 'the 'A' scheme')
established under Statute 3.6 - Staff superannuation scheme.
3. The administrators shall -
3.1 cause proper accounts and records of the fund to
be kept;
3.2 prepare a statement of the receipts and
payments of the fund and of the assets and liabilities thereof
made up to the thirty-first day of December in each year,
the first of such statements to be made up to the thirty-first
day of December 1968;
3.3 within three months after
the date to which such statements are made up, cause the
statements to be submitted for audit by the university's
internal auditor; and
3.4 submit such statements
to the Council annually after completion of audit.
4. All sums which are paid into the fund shall be invested
by the administrators in any manner of investment authorised by the
Council.
5. The university guarantees the solvency of the fund.
6.1 Subject to subsections 6.2 and 6.3 -
6.1.1 any person who is required to become a member
of the 'A' scheme pursuant to subsection 7.1 of Statute
3.6 - Staff superannuation
scheme; and
6.1.2 any other person or member of a class
of persons declared by the Council to be a person to whom or
class of persons to which this section applies, shall contribute
to the fund unless exempted by the Council.
6.2 The
Council at its discretion may determine on medical grounds
that any person shall not become a contributor to the fund.
6.3 Any
person who was on the first day of May 1968 a person who
would otherwise be required by subsection 6.1 to contribute
to the fund shall not be required to so contribute unless
by not later than the first day of August 1968 he elects
to contribute to the fund. Any such person who does not
elect by not later than the first day of August 1968 to contribute
to the fund shall not subsequently become a contributor
to the fund unless the administrators are satisfied that because
of absence from the university or other sufficient cause
he did not have a reasonable opportunity to elect to contribute
to the fund by that date.
7.1 The contributions payable to the fund by each contributor
shall be at a rate determined from time to time by the Council
not exceeding one per centum of the contributor's salary, as
defined in Statute 3.6 - Staff superannuation scheme,
and until the Council determines otherwise shall be at the
rate of point three five per centum of the contributor's salary
as so defined. No variation in the rate shall have retrospective
effect.
7.2 The university shall if the law so allows deduct
from the salary of each contributor the contributions payable
by him. If the law does not allow such deduction to be made
each contributor shall on the days on which he receives his
salary pay his contributions to the university.
7.3 Any
contributor granted leave of absence from the service of
the university, without remuneration from the university, shall
continue to be a contributor duringthe period of his absence
and shall pay his contributions for the period in such manner
as may be required by the administrators.
7.4 When
any contribution of a contributor is due and unpaid for
more than sixty days, the contributor shall cease to be a contributor
to the fund and his rights and interests in the fund shall
thereupon determine.
8. The administrators shall from the fund direct the payment
of pensions in accordance with this statute.
9.1 A claim for a disability pension shall be made in writing
within six months of the onset of the incapacity on a form supplied
by the administrators and signed by the contributor or by a person
acting on his behalf.
9.2 Each claim shall be accompanied by a report by
two registered medical practitioners one of whom shall be appointed
by the administrators and one by the contributor, provided
that if the contributor is incapable of appointing a medical
practitioner the administrators shall appoint a second medical
practitioner. The reports shall set forth the nature of the
contributor's incapacity and shall state to what extent the
same in the opinions of the medical practitioners renders the
contributor unfit to continue in the performance of his duties.
9.3 In
the event of any substantial disagreement on any material
matter in the reports of the medical practitioners the matter
shall be referred to an independent registered medical practitioner
appointed by the administrators, with the agreement of the
contributor or, failing such agreement, appointed by the
Council. The administrators may accept the report of such independent
medical practitioner as conclusive evidence of what is contained
therein.
9.4 A contributor shall submit himself for
such examinations and shall supply such information as
may reasonably be required by each medical practitioner who
is to give a report pursuant to the preceding provisions of
this section.
9.5 The contributor may submit such
further evidence in support of his claim as he shall
think fit and shall submit such further evidence as the administrators
may require.
10.1 Subject to sections 12 and 17, upon receipt of a claim
the administrators shall, after considering all the facts and evidence
before them and if satisfied that the disability of the contributor
is not due to a wilful action on his part designed or intended to
obtain a pension, determine -
10.1.1 whether the contributor is incapable of performing
the duties for which he is employed;
10.1.2 the amount
of disability pension (if any) which shall be paid;
10.1.3 then
or at any later time, but without prejudice to the provisions
of section 11 hereof, the period during which such pension
shall be paid.
10.2 In determining the amount of
pension to be paid the administrators shall have regard
to the following matters:
10.2.1 The maximum pension
normally payable shall be half the salary to which
the contributor would have been entitled had he been on full
pay according to his classification and position at
the time the pension became payable provided that if the
administrators are satisfied that the contributor or
pensioner is not or has ceased to be totally disabled
and that he is capable of earning some income and that
a suitable opportunity exists for earning some income
the administrators may pay less than the maximum pension
but so that the amount so deducted from the maximum
pension shall not exceed half the estimated possible income
or half the income actually earned whichever is the greater.
10.2.2 The
administrators may reduce any pension having regard
to the maximum income allowable under any non-contributory
scheme of disability or old age pension (other than
a war pension) under which the contributor or pensioner
is entitled to receive benefit provided that in doing
so the total benefits received by the contributor
from all sources are not thereby reduced to less than the
pension payable under the preceding paragraph of
this subsection.
10.3 While
any person remains entitled to receive a disability
pension pursuant to this statute, he shall for
the purposes of Statute 3.6 - Staff superannuation scheme,
but not otherwise, be deemed not to have ceased
to be in the full-time service of the university.
11. A disability pension shall become payable
as soon as the salary payable during sick leave ceases.
12.1 The administrators whether on their own motion or at
the request of a pensioner may review any decision and revise the
amount of any pension at any time.
12.2 The amount of a pension and of the superannuation
contributions of and in respect of the pensioner to be paid
pursuant to section 15 of this statute shall be reviewed whenever
the salary paid to persons employed by the university in positions
equal in status and duties to that previously held and performed
by a pensioner is increased on review and subject to this statute
the administrators shall increase the pension and superannuation
contributions proportionately. Provided that the administrators
shall not be required to make such increases unless the accumulated
pension increases so calculated total at least fifty dollars
per annum.
12.3 The administrators may at any time require
a pensioner to submit himself for examination by a medical
practitioner appointed by the administrators, and to furnish
information regarding earnings, if any. If a pensioner fails
to comply with any such requirement, his pension shall cease
to be payable to him during such default if the administrators
so decide.
13.1 All rights, interests and benefits of contributors
and pensioners are strictly personal and no contributor or pensioner
shall assign or charge his interest in the fund either absolutely
or by way of mortgage charge or otherwise without the prior consent
in writing of the administrators which consent the administrators
may refuse without assigning any reason therefor or may grant subject
to conditions.
13.2 If any contributor or pensioner -
13.2.1 becomes
bankrupt or commits any act of bankruptcy or attempts without
the consent aforesaid to assign or charge any of his rights,
interests or benefits in the fund or does or suffers anything
by which his rights, interests or benefits or any part thereof
in the fund through his act or default or by operation or
process of law would or may if absolutely vested in him become
vested in or payable to any person or corporation or if any
other event should happen by which he might be wholly or partly
deprived of the personal enjoyment of his rights, interests
or benefits in the fund; or
13.2.2 becomes of unsound
mind or is in the opinion of the administrators incapable
of managing his own affairs; the rights, interests and benefits
of such contributor or pensioner shall thereupon determine.
13.3 The
administrators may apply any moneys representing the
rights, interests or benefits of a contributor or pensioner
determined pursuant to this section for or towards the maintenance
or otherwise for the benefit of such contributor or pensioner,
his wife, children and dependants or of such one or more
of them to the exclusion to the other or others and in
such shares and proportions and at such times and in such manner
as the administrators may in their discretion from time
to time decide.
14. Payments of a disability pension shall cease on the
first to occur of any of the following namely -
14.1 the death of the pensioner; or
14.2 if
the administrators are satisfied that the pensioner has so
far recovered from his infirmity or incapacity that he is
capable of earning income equivalent to the salary he was earning
when incapacitated as adjusted from time to time in accordance
with subsection 12.2 of this statute and that a suitable opportunity
exists for him to earn such income; or
14.3 the pension
date, as defined in statute 3.6, in respect of the pensioner;
or
14.4 the pensioner ceases to be a member of the
'A' scheme.
15. During the period that a disability pensioner is receiving
a disability pension the university shall continue to pay its contribution
to the 'A' scheme in respect of him and the administrators shall
pay the pensioner's contribution to the 'A' scheme from the fund
in addition to any other benefits to which the pensioner may be entitled,
provided that where a pension is reduced pursuant to subsection 10.2
of this statute the administrators may reduce proportionately their
payments of superannuation contributions to the 'A' scheme in respect
of the pensioner.
16.1At any time a disability pensioner may apply for and
the Council may grant him permission to be treated in all respects
as though he had resigned from the service of the university for
the purposes of section 19 of statute 3.6. In such event the pensioner
shall forfeit all claims under the fund.
16.2 A person in receipt of a disability pension shall
not be required to contribute either to the 'A' scheme under
the provisions of Statute
3.6 -Staff superannuation scheme or to the fund under this
statute, unless in accordance with section 15 of this statute the
administrators have reduced their payments to the 'A' scheme in
respect of the pensioner, in which case the pensioner shall be
required to contribute to the 'A' scheme an amount which, added
to the payments to the 'A' scheme under section 15 of this statute,
will be sufficient to maintain his contributions in accordance
with the rules of the 'A' scheme.
17. The administrators shall report to the Council on any
claim arising as a result of military action, civil commotion, act
of God, or a major disaster. In such case the Council may at its
discretion either -
17.1 authorise the administrators to pay a disability
pension in accordance with section 10 of this statute; or
17.2 impose
any limitation on the amount of any disability pension which
would otherwise be payable; or
17.3 exclude such a
claim from the operation of this statute.
18. A contributor shall not be entitled to a refund of
any part of his contributions to the fund when he ceases to be employed
by the university or at any other time.
19. Any notice to be given to a contributor or pensioner
pursuant to this statute may be given to him either personally or
by sending the same to him by prepaid registered or certified mail
addressed to him at his last known address as shown in the records
of the university.
20.1 The Council may at any time -
20.1.1 amend or repeal this statute by any further
statute; or
20.1.2 discontinue the fund; or
20.1.3 replace
the fund by another; provided that the Council does not
thereby substantially prejudice the rights and interests in the
fund of any person who is then a contributor or pensioner; or
20.1.4 At
the request of the administrators permit them to transfer
such monies or assets of the fund that are deemed to be surplus
after actuarial assessment at 31 December 1988, together
with similarly assessed surplus monies or assets (if
any) at ten yearly intervals thereafter, to another fund to
be established to finance from the income derived from such
other fund, works projects and equipment which shall
be equally funded by the university, to aid persons with disabilities
at Monash University.
20.1.5 On the retirement, resignation
or death before retirement of the last surviving member or
pensioner, the administrators shall transfer the residual
monies and assets (if any) of the fund to the fund established
pursuant to paragraph 20.1.4.
20.2 In the event of the fund
being discontinued or replaced, the Council shall decide the
manner in which the assets of the fund shall be applied provided
that the administrators may make recommendations concerning the
application of the assets.
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