Parliamentary Superannuation Act 1973
An Act to provide for superannuation benefits for members of the Legislative Council and the House of Assembly who were first elected before 12 November 1985 and their spouses, beneficiaries and representatives by way of a contributory scheme and to repeal certain enactments
[Royal Assent 27 June 1973]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Parliamentary Superannuation Act 1973 .(2) This Act shall commence on a day to be fixed by proclamation.
The Acts that are specified in Schedule 1 are repealed.
[Section 3 Subsection (1) amended by No. 105 of 1985, s. 4 ][Section 3 Subsection (1) amended by No. 33 of 1990, s. 3 ][Section 3 Subsection (1) amended by No. 15 of 1996, s. 13 ](1) [Section 3 Subsection (1) amended by No. 92 of 1982, s. 3 ][Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 91 of 1999, s. 54, Applied:15 Dec 1999] accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] Actuary means a person who is a Fellow of the Institute of Actuaries (Australia), the Institute of Actuaries (London) or the Faculty of Actuaries (Edinburgh) appointed under subsection (4) or an organisation that is so appointed;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] additional salary, in relation to a member, means the salary that is payable to the member under Part II or III of Schedule 1 to the Parliamentary Salaries and Allowances Act 1973 ;appointed day means the day on which this Act commences;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] assessment notice means a notice issued by the Taxation Commissioner requiring the payment of an amount of surcharge contributions tax including interest on that payment in respect of a member and includes an amendment to that notice issued by the Taxation Commissioner;basic salary has the same meaning as it has in the Parliamentary Salaries and Allowances Act 1973 ;child, in relation to a member or former member, means a person who –(a) is under the age of 18 years; and(b) is not the offspring of the remarriage of the spouse of a member or former member after his death –and includes –(c) a person under that age who has been legally adopted by a member or by the spouse of a member; and(d) a person over that age but under the age of 25 years who is receiving full-time education at a school, college, or university;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] Commonwealth surcharge Act means an Act of the Commonwealth, as amended from time to time, which imposes a surcharge liability or relates to any such liability;contributions means contributions and repayments to the Fund;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] eligible termination payment has the same meaning as in the Income Tax Assessment Act 1936 of the Commonwealth, as amended;former fund means the fund established by the repealed Act ;functions includes duties;Fund means the Parliamentary Superannuation Fund established by this Act;House means a House of the Parliament of this State;[Section 3 Subsection (1) amended by No. 91 of 1999, s. 54, Applied:15 Dec 1999][Section 3 Subsection (1) amended by No. 91 of 1999, s. 54, Applied:15 Dec 1999] member means a person referred to in section 3B ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] notional contributions surcharge amount means an amount calculated by the Trust under section 25A ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] notional surchargeable contributions factor means a factor applying to a member as determined under section 7(6) ;officer means a person appointed and holding office under section 12 ;parliamentary salary means the basic salary that is payable to a member and includes the additional salary, if any, that is payable to him;pension means a pension under this Act, and includes a pension that is payable by virtue of section twenty-three ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] pensioner means a person who is receiving a pension under this Act;period of service, used in relation to a member or former member, means the period, or the sum of the periods (whether continuous or not and whether before or after the commencement of this Act), during which that member or former member was or is entitled to a parliamentary salary;[Section 3 Subsection (1) amended by No. 91 of 1999, s. 54, Applied:15 Dec 1999] RBF Board means the Retirement Benefits Fund Board continued in existence under section 7 of the Retirement Benefits Act 1993 ;repealed Act means the Parliamentary Retiring Allowances Act 1955 ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] spouse of a person includes another person who although not legally married to the person –(a) lives with the person; and(b) is generally recognised as the de facto husband or wife of the person;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] surcharge liability means liability for tax or interest under the law of the Commonwealth arising from an entitlement to a benefit under this Act;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] surchargeable contributions debt account means an account established under section 25E ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 28, Applied:14 May 1999] Taxation Commissioner means the person who is holding office or acting in the office of the Commissioner of Taxation under the Income Tax Assessment Act 1936 of the Commonwealth, as amended;Trust means the Parliamentary Superannuation and Retiring Benefits Trust established by this Act;trustee means one of the trustees who constitute the Trust.(2) For the purposes of this Act, the period of service of a member or former member shall be determined in accordance with the following provisions, namely:(a) where a member of the House of Assembly ceases to be a member thereof by reason of the dissolution of that House or the expiry thereof by effluxion of time, he shall be deemed to remain a member until the day fixed for the taking of the poll next following the dissolution or expiry of that House;(b) subject to paragraph (a) of this subsection, the actual period during which a person is a member shall be regarded as service for the purposes of this Act;(c) service before or after the passing of this Act of members holding office on the appointed day or at any subsequent time shall be taken into account; and(d) broken periods of a member's service shall be aggregated and credited to the member.(3) [Section 3 Subsection (3) inserted by No. 105 of 1985, s. 4 ]A person who is in receipt of, or entitled to receive, a pension under the repealed Act and the payment of whose pension is made out of the Fund shall be deemed to be a person in receipt of, or entitled to receive, a pension under this Act immediately before the commencement of the Parliamentary Superannuation Amendment Act 1985 .(4) [Section 3 Subsection (4) inserted by No. 18 of 1999, s. 28, Applied:14 May 1999] The Governor may appoint a person or organisation as the Actuary for the purposes of this Act for such period and on such terms and conditions as are specified in the instrument of appointment.
3A. Saving for certain pensions
[Section 3A Inserted by No. 91 of 1999, s. 55, Applied:15 Dec 1999] The amendments to this Act made by the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 do not affect the application of this Act in respect of any pension to which a person was entitled immediately before the commencement of that Act.
[Section 3B Inserted by No. 91 of 1999, s. 55, Applied:15 Dec 1999] Subject to section 3A , this Act applies only to a person who –but only until he or she ceases to be a member of either House.(a) was first elected as a member of either House before 12 November 1985; and(b) was a member on 1 July 1999 –
PART II - Administration
Division I - The Parliamentary Superannuation Fund
(1) For the purposes of this Act there shall be a Parliamentary Superannuation Fund.(2) The Fund shall consist of –(a) the moneys and investments of which the former fund consists immediately before the appointed day;(b) contributions paid and repayments made by members and former members in pursuance of this Act;(c) [Section 4 Subsection (2) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] moneys paid into the Fund by the Minister in pursuance of this Act; and(d) income derived from the investment of moneys forming part of the Fund.(3) [Section 4 Subsection (3) amended by No. 105 of 1985, s. 5 ]From the Fund there shall be paid all pensions, lump sum payments, and other benefits provided by this Act (including pensions that are payable out of the Fund by virtue of section twenty-three ).(4) [Section 4 Subsection (4) substituted by No. 33 of 1990, s. 4 ]The Fund shall be managed by the Trust.(5) [Section 4 Subsection (5) amended by No. 15 of 1996, s. 14 ]The Fund is liable to taxation imposed by or under any law of the State.
[Section 5 Substituted by No. 48 of 1991, s. 42 ](1) [Section 5 Subsection (1) substituted by No. 5 of 1995, s. 14 ]Money standing to the credit of the Fund may be invested by the Trust by arrangement with the Retirement Benefits Fund Board or directly with any investment manager in any manner which the Trust thinks fit.(2) The Trust may engage such managers, financial and legal advisers and other experts in and in relation to the management of the investments of the Fund as it considers necessary.(3) The Trust may authorize an investment manager to perform the powers and duties of the Trust with respect to all or part of the money of the Fund available for investment.(4) Whether or not the Trust appoints an investment manager, it must conduct a review every 12 months of its investment policy and the management and performance of its investments.(5) No part of the Fund may be lent to a person who is a member of the Fund.
6. Authorised deposit-taking institution accounts
[Section 6 Substituted by No. 105 of 1985, s. 7 ][Section 6 Substituted by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000](1) The Trust may open and maintain such authorised deposit-taking institution accounts as it considers necessary and must at all times maintain at least one such account.(2) The Trust must pay all money received by it into an account referred to in subsection (1) .
7. Actuarial investigations of the Fund
(1) An investigation as to the state and sufficiency of the Fund shall be made as at the thirtieth day of June 1974, and as at the expiration of each period of three years thereafter.(2) [Section 7 Subsection (2) substituted by No. 105 of 1985, s. 8 ][Section 7 Subsection (2) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] An investigation for the purposes of this section shall be made by the Actuary who shall report the result of such an investigation to the Minister and to the Trust.(3) [Section 7 Subsection (3) substituted by No. 105 of 1985, s. 8 ]The Actuary, in a report for the purposes of this section –(a) shall state whether, in his opinion, any change should be made in the proportions referred to in section 8 ; and(b) [Section 7 Subsection (3) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] may recommend to the Minister that he pay such amounts into the Fund as the Actuary may determine to enable the Fund to meet its liabilities.(4) [Section 7 Subsection (4) inserted by No. 105 of 1985, s. 8 ][Section 7 Subsection (4) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] In addition to the investigation referred to in subsection (1) , the Actuary shall make an investigation as to the state and sufficiency of the Fund at such other times as the Minister may require.(5) [Section 7 Subsection (5) inserted by No. 18 of 1999, s. 29, Applied:14 May 1999] The Actuary, when requested by the Trust or as required under the law of the Commonwealth, must provide the Trust with such actuarial information as is necessary for the Trust to satisfy its obligations under that law.(6) [Section 7 Subsection (6) inserted by No. 18 of 1999, s. 29, Applied:14 May 1999] The Actuary, when requested by the Trust to do so, must –(a) determine the notional surchargeable contributions factor for each member; and(b) advise the Trust of that factor so as to enable the Trust to meet its obligations under a Commonwealth surcharge Act.
8. Payments by Minister into Fund
[Section 8 Substituted by No. 105 of 1985, s. 9 ](1) [Section 8 Subsection (1) amended by No. 15 of 1996, s. 15 ][Section 8 Subsection (1) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] The Minister shall pay to the Fund a contribution comprising an amount equal to –(a) in respect of a person who, immediately before the commencement of the Parliamentary Superannuation Amendment Act 1985 , is in receipt of, or entitled to receive, a pension under this Act, one-half, or such other proportion as the Actuary may recommend, of each payment by way of pension or other benefit made out of the Fund to that person after 1st August 1986;(b) in respect of a person who, immediately before the commencement of the Parliamentary Superannuation Amendment Act 1985 is in receipt of, or entitled to receive, a pension under this Act and who elects to commute that pension to a lump sum payment, one-half, or such other proportion as the Actuary may recommend, of the lump sum paid to that person;(c) in respect of a person who, on or after the commencement of the Parliamentary Superannuation Amendment Act 1985 becomes entitled to receive a pension under this Act, 5/7ths, or such other proportion as the Actuary may recommend, of each payment by way of pension or other benefit made to that person; and(d) in respect of a person who, on or after the commencement of the Parliamentary Superannuation Amendment Act 1985 becomes entitled to receive a pension under this Act and who elects to commute that pension to a lump sum payment, 5/7ths, or such other proportion as the Actuary may recommend, of the lump sum payment to that person; and(e) in respect of a benefit paid under section 16(3B) or 18A, the whole of the benefit.(2) [Section 8 Subsection (2) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] The Minister shall pay into the Fund such additional amount as the Actuary may recommend from time to time under section 7 or such other amount as the Minister may from time to time determine to enable the Fund to meet its liabilities under this Act.(3) [Section 8 Subsection (3) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] A payment required to be made by the Minister under subsection (1) –(a) in the case of a lump sum payment made under subsection (1) (b) or (d) , shall be made on the day on which the lump sum is paid; and(b) in the case of a pension referred to in subsection (1) (a) or (c) , shall be made on the day on which the pension is payable.(4) [Section 8 Subsection (4) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] Payments required to be paid into the Fund by the Minister under subsection (2) shall be paid within such period as the Minister and the Trust may agree.(5) [Section 8 Subsection (5) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 8 Subsection (5) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] Payments required by this Act to be made by the Minister into the Fund shall be a charge on the Consolidated Fund, and shall be payable out of the Consolidated Fund without further appropriation than this section.
(1) [Section 9 Subsection (1) amended by No. 105 of 1985, s. 10 ]The Trust shall keep complete and proper accounts of all its financial transactions under this Act or any other Act.(2) Cheques drawn on an account containing moneys belonging to the Fund shall be signed as prescribed.(3) [Section 9 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The accounts of the Fund are subject to audit under the Financial Management and Audit Act 1990 .
[Section 9A Inserted by No. 105 of 1985, s. 11 ](1) [Section 9A Subsection (1) amended by No. 48 of 1991, s. 43 ][Section 9A Subsection (1) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] The Trust shall, not later than 5 months after the end of each financial year, prepare and submit to the Minister a report on the exercise and performance of its powers and functions under this Act or any other Act during that financial year.(2) A report under this section –(a) shall include a report by the Trust on the nature and state of the investments which it has made; and(b) shall be accompanied by, or have incorporated with it, a copy of the financial statements prepared by the Trust in relation to the period to which the report relates.(3) [Section 9A Subsection (3) amended by No. 18 of 1999, Sched. 3, Applied:14 May 1999] The Minister shall cause a copy of a report under this section to be laid on the table of each House within the first 10 sitting days of the House after the date on which he receives the report.(4) After a copy of the report under this section has been laid on the table of each House in accordance with subsection (3) , the Trust shall cause a copy of the report to be delivered to each member of each House.
Division II - The Parliamentary Superannuation Trust
10. Constitution and incorporation of the Trust
(1) [Section 10 Subsection (1) amended by No. 105 of 1985, s. 12 ]There shall be a body, to be known as the Parliamentary Superannuation and Retiring Benefits Trust.(2) [Section 10 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Trust shall consist of –(a) the President of the Legislative Council;(b) the Speaker of the House of Assembly; and(c) the Secretary of the responsible Department in relation to the Public Account Act 1986 .(3) If the President of the Legislative Council or the Speaker of the House of Assembly ceases to hold office by reason of the expiration of his term as a member, he may continue to act as a trustee until his successor in the office of President or Speaker is elected to that office.(4) If a vacancy occurs in the office of a trustee, the Governor may appoint a temporary trustee to hold office until the vacancy is filled by a person designated by this section to hold that office.(5) The Trust is a body corporate with perpetual succession and a common seal, and may hold and dispose of property, and sue and be sued in its corporate name, and do and suffer all such other acts and things as bodies corporate may by law do and suffer.(6) The seal of the Trust shall not be affixed to a document except in accordance with a resolution of the trustees, and shall be authenticated by the signatures of not less than two trustees.
[Section 10A Inserted by No. 92 of 1982, s. 4 ](1) [Section 10A Subsection (1) amended by No. 105 of 1985, s. 13 ]The Trust may, by instrument in writing, delegate to a trustee or to an officer the performance or exercise of such of the Trust's functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by a similar instrument, revoke wholly or in part any such delegation.(2) A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.(3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.(4) Notwithstanding any delegation under this section, the Trust may continue to perform or exercise all or any of the functions or powers delegated.(5) Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the Trust and shall be deemed to have been done by or to the Trust.(6) An instrument purporting to be signed by a delegate of the Trust in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Trust under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Trust under this section.
(1) The affairs of the Trust shall be conducted at meetings of the Trust.(1A) [Section 11 Subsection (1A) inserted by No. 105 of 1985, s. 14 ]Meetings of the Trust may be convened by the Chairman of the Trust or by any 2 members of the Trust.(2) Two trustees constitute a quorum for the transaction of business at a meeting of the Trust.(3) The trustees shall, as and when necessary, elect one of their number as the chairman of the Trust.(4) The chairman shall preside at all meetings of the Trust at which he is present.(5) If the chairman is absent from a meeting of the Trust, such one of the remaining trustees as they may mutually decide shall preside at that meeting.(6) The chairman has a deliberative vote only.(7) A question arising at a meeting of the Trust shall be decided by a majority of the votes of the trustees who are present thereat and vote on the question.(8) In the event of an equality of votes on a question arising at a meeting of the Trust at which all the trustees are not present, that question shall be postponed until a meeting at which all the trustees are present.(9) Subject to this section, the Trust may regulate its own procedure.
[Section 11A Inserted by No. 92 of 1982, s. 5 ](1) [Section 11A Subsection (1) amended by No. 105 of 1985, s. 15 ]Subject to subsection (2) , any matter or thing done by a trustee in good faith for the purpose or purported purpose of the performance by him of his functions under this Act or any other Act as a trustee shall not subject him personally to any action, liability, claim, or demand.(2) Subsection (1) does not preclude the Trust from being subject to any action, liability, claim, or demand to which the Trust would, but for that subsection, have been subject.
11B. Powers and functions of Trust
[Section 11B Inserted by No. 15 of 1996, s. 16 ](1) The functions of the Trust are to –(a) manage the Fund so as to maximise the return earned from the Fund, having regard to the need to –(i) provide for payments out of the Fund; and(ii) exercise reasonable care and prudence so as to maintain the integrity of the Fund; and(b) administer the receipt of contributions and the payment of benefits having due regard to the need for equity among members and beneficiaries; and(c) collect contributions and pay benefits; and(d) establish policies in respect of the administration of this Act and the investment of money standing to the credit of the Fund and adopt strategies designed to achieve those policies; and(e) determine, authorise and approve programs for the administration of this Act and the investment of money standing to the credit of the Fund; and(f) conduct its operations in an efficient, effective and economic manner; and(g) take, purchase, lease, hold, sell, exchange and dispose of real investment property for the purposes of this Act; and(h) inform members about the management of the Fund including making available to contributors, at least once a year, a summary of information relating to their entitlements.(2) In performing its functions, the Trust must have regard to the need to protect information the disclosure of which could adversely affect members or the financial position or the commercial or other operations of the Trust.(3) In performing their functions, the members of the Trust must –(a) act honestly in all matters concerning the Fund; and(b) exercise, in relation to all matters affecting the Fund, the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another person for whom that person felt morally bound to provide; and(c) ensure that the Trust's functions and powers are performed and exercised in the best interests of the beneficiaries; and(d) keep the money and other assets of the Trust separate from any money and assets –(i) that are held by the member personally; or(ii) [Section 11B Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] that are money or assets of the State or an Agency, within the meaning of the State Service Act 2000 ; and(e) subject to this Act, not enter into any contract or do any other thing that would prevent the Trust from, or hinder the Trust in, properly performing or exercising its functions and powers; and(f) formulate and give effect to an investment strategy that has regard to the whole of the circumstances of the Fund including –(i) the risk involved in making, holding and realising, and the likely return from, the Fund's investments having regard to its objectives and its expected cash flow requirements; and(ii) the composition of the Fund's investments as a whole, including the extent to which the investments are diverse or involve the Fund in being exposed to risks arising from inadequate diversification; and(iii) the liquidity of the Fund's investments, having regard to its expected cash flow requirements; and(iv) the ability of the Fund to discharge its existing and prospective liabilities; and(g) if there are any reserves of the Fund, formulate and give effect to a strategy for the prudent management of those reserves; and(h) [Section 11B Subsection (3) amended by No. 18 of 1999, s. 30, Applied:14 May 1999] allow a beneficiary to have access to any information or any documents prescribed under an Act of the Commonwealth or of Tasmania; and(i) [Section 11B Subsection (3) amended by No. 18 of 1999, s. 30, Applied:14 May 1999] provide for the payment of any taxation or surcharge liability imposed under the law of the Commonwealth on the Fund or in respect of any benefits payable by the Trust.(4) The Trust may do anything necessary or convenient to perform its functions.
12. Secretary and other officers
[Section 12 Substituted by No. 15 of 1996, s. 17 ](1) [Section 12 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Trust may, with the approval of a Head of a State Service Agency, appoint a State Service officer or State Service employee employed in that Agency to be Secretary of the Trust and that officer or employee may hold that office in conjunction with State Service employment.(2) [Section 12 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Trust may make arrangements with a Head of a State Service Agency for State Service officers and State Service employees within the Agency in which the Secretary of the Trust is employed as may be considered necessary to be made available to the Trust to enable it to perform its functions and those officers and employees may serve the Trust in any capacity.(3) [Section 12 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Trust must reimburse the Agency for the services of the officer or employee appointed as Secretary under subsection (1) and of the officers and employees made available under subsection (2) .
PART III - Contributions
(1) [Section 13 Subsection (1) substituted by No. 105 of 1985, s. 17 ]A person who –shall contribute to the Fund as provided in this section.(a) is a member of either House on the appointed day;(b) becomes a member of either House at any time after that day but before the day on which the Parliamentary Retiring Benefits Act 1985 commences; or(c) having been a member of either House before the day on which the Parliamentary Retiring Benefits Act 1985 commences, again becomes a member of either House –(2) Subject to subsection (3) of this section, a member's contributions shall comprise a sum calculated at the rate of twelve per cent of the annual amount for the time being of his parliamentary salary.(3) [Section 13 Subsection (3) substituted by No. 70 of 1973, s. 2 ]Subject to subsection (3B) of this section, a member who, immediately before the appointed day, is contributing to the former fund at a rate less than the full rate shall contribute to the Fund at a rate that bears the same proportion to twelve per cent of his parliamentary salary for the time being as, immediately before the appointed day, the rate of his contributions to the former fund bore to the full rate.(3A) [Section 13 Subsection (3A) inserted by No. 70 of 1973, s. 2 ] Subsection (3) of this section does not apply to a member who, within six months of the appointed day, elects to pay to the Trust, within twelve months of the appointed day, such sum as the Trust certifies to be equal to the difference between the total amount of his contributions to the former fund and the total amount that they would have been if his contributions to that fund had been at the full rate.(3B) [Section 13 Subsection (3B) inserted by No. 70 of 1973, s. 2 ]The full rate referred to in subsection (3) and subsection (3A) of this section is the rate at which the member would have contributed to the former fund if he had so contributed to that fund in accordance with paragraph (c) of subsection (2) of section thirteen A of the repealed Act .(4) [Section 13 Subsection (4) substituted by No. 70 of 1973, s. 2 ]In certifying a sum for the purposes of subsection (3A) of this section, the Trust shall disregard any interest that may have become payable in respect of the contributions referred to therein.
13A. Member accounts for contributions
[Section 13A Inserted by No. 18 of 1999, s. 31, Applied:14 May 1999] The Trust is to establish an account for every member and credit to that account the member's contributions together with any interest payable under section 14A .
14. Deduction of contributions from salaries of members
[Section 14 Subsection (1) amended by No. 15 of 1996, s. 18 ](1) [Section 14 Subsection (1) amended by No. 48 of 1991, s. 44 ]A member's contributions shall be made by way of deduction from each instalment of parliamentary salary that becomes payable to him, commencing with the first instalment paid after the appointed day and, subject to subsection (1A) , ceasing when the member attains the age of 65 years or ceases to be a member, whichever is the earlier.(1A) [Section 14 Subsection (1A) inserted by No. 15 of 1996, s. 18 ][Section 14 Subsection (1A) amended by No. 18 of 1999, s. 32, Applied:14 May 1999] A member may elect, by notice in writing given to the Trust, that he or she will make contributions in respect of his or her service after the age of 65 years in accordance with section 13(2) .(1B) [Section 14 Subsection (1B) inserted by No. 15 of 1996, s. 18 ]An election under subsection (1A) must be made within such period as the Trust may allow.(1BA) [Section 14 Subsection (1BA) inserted by No. 18 of 1999, s. 32, Applied:14 May 1999] A member who has made an election under subsection (1A) may, at any time, revoke that election by notice in writing to the Trust.(1C) [Section 14 Subsection (1C) inserted by No. 15 of 1996, s. 18 ]The contributions in respect of a member who has made an election under subsection (1A) cease to be payable –whichever first occurs.(a) when the member attains the age of 70 years; or(b) when he or she ceases to be a member; or(c) [Section 14 Subsection (1C) amended by No. 18 of 1999, s. 32, Applied:14 May 1999] when he or she revokes the election –(1D) [Section 14 Subsection (1D) inserted by No. 15 of 1996, s. 18 ]A member who has ceased to make contributions as mentioned in subsection (1) and has elected under subsection (1A) to make contributions must recommence paying contributions from a date fixed by the Trust.(1E) [Section 14 Subsection (1E) inserted by No. 15 of 1996, s. 18 ]A member who has recommenced paying contributions under subsection (1D) must make the contributions in respect of his or her service for which no contributions have been made within such period as the Trust may allow together with interest at such rate as the Trust may determine.(2) So far as is practicable the deductions made in respect of a member shall be equal in amount.(3) All deductions so made shall be paid into the Fund.
14A. Interest on contributions
[Section 14A Inserted by No. 33 of 1990, s. 5 ](1) A member who makes contributions to the Fund is entitled to the payment of interest on the amount of those contributions.(2) For the purposes of subsection (1) –(a) the interest on the amount of contributions shall be at such rate and be subject to such conditions as the Trust, on the advice of the Actuary, determines; and(b) the interest in respect of –(i) contributions paid before 1 July 1990 accrues on and after that day; and(ii) contributions paid on or after 1 July 1990 accrues on and after the day on which those contributions are paid; and(c) the interest ceases to accrue on the day that the Trust advises the contributor of the amount of any refund to which the contributor is entitled pursuant to section 18 .
14B. Contributions and interest vest in member
[Section 14B Inserted by No. 33 of 1990, s. 5 ]Contributions made by a member, and any interest allocated to those contributions under section 14A , vest in the member.
14C. Further contributions by former members
[Section 14C Inserted by No. 15 of 1996, s. 19 ](1) A person who –may elect, by notice in writing given to the Trust, to make contributions to the Fund as provided by section 13 (2) in respect of his or her service after attaining the age of 65 years and before attaining the age of 70 years.(a) was a member on 30 June 1990 but is no longer a member; and(b) ceased to make contributions as mentioned in section 14 (1) –(2) An election under subsection (1) must be made within such period as the Trust may allow.(3) A person who makes an election under this section must pay the contributions within such period as the Trust may allow together with interest at such rate as the Trust may determine.
14CA. Voluntary contributions and spouse contributions
[Section 14CA Inserted by No. 91 of 1999, s. 56, Applied:15 Dec 1999] A member may elect, in writing to the RBF Board, to make voluntary contributions or spouse contributions to the accumulation scheme or an investment account established by the regulations under the Retirement Benefits Act 1993 .
14CB. Member resigning to contest another seat
[Section 14CB Inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000](1) A member who –is taken, for the purposes of this Act, to have remained a member of the scheme established by this Act.(a) resigns from a seat in either House and within 7 days informs the Trust in writing of his or her intention to contest an election for another seat in either House; and(b) is elected at that election within 3 months after so resigning –(2) Where a member is elected at that election –(a) the period between the date of resignation and election is not counted as contributory service for the purposes of this Act; and(b) no superannuation contributions are to be made to the Fund in relation to that member in respect of the period between resignation and the date of the election.(3) If the member is not elected at that election, he or she is entitled to interest on his or her benefit under this Act, in accordance with section 14A , from the date of the resignation until payment of the benefit.
PART IV - Pensions and Other Benefits
Division I - Members' pensions
[Section 14D Inserted by No. 18 of 1999, s. 33, Applied:14 May 1999] This Part is subject to Part IVA .
15. To whom pensions, &c., are payable
[Section 15 Substituted by No. 105 of 1985, s. 18 ]Except as provided in section 4 (3) , pensions, lump sum payments, and other benefits under this Act are payable only to or in relation to persons who –(a) are members of either House on the appointed day;(b) become members of either House after that day but before the day on which the Parliamentary Retiring Benefits Act 1985 commences; or(c) having been members of either House before the day on which the Parliamentary Retiring Benefits Act 1985 commences, again become members of either House.
16. Members' superannuation pensions
(1) Subject to this Act, a person –is entitled to a pension calculated in accordance with the following provisions of this section.(a) who, having been a member, ceases –(i) to be a member; and(ii) to be entitled to a parliamentary salary; and(b) whose period of service as a member is not less than eight years –(2) [Section 16 Subsection (2) amended by No. 88 of 1979, s. 2 ][Section 16 Subsection (2) amended by No. 15 of 1982, s. 2 ][Section 16 Subsection (2) amended by No. 105 of 1985, s. 19 ][Section 16 Subsection (2) amended by No. 57 of 1988, s. 4 ]A pension is payable to a person to whom subsection (1) of this section relates if, but only if –(a) that person's period of service as a member is fifteen years or more and he ceases, for any reason, to be a member;(b) [Section 16 Subsection (2) amended by No. 18 of 1999, s. 34, Applied:14 May 1999] that person's period of service as a member is eight years or more but less than fifteen years and he ceases to be a member by reason of the expiration of his term of office or of his election having been declared void as referred to in section 225(2) of the Electoral Act 1985 or, in the case of a member of the House of Assembly, by reason of the dissolution or expiry of that House or of his seat having become vacant by virtue of section 231 of the Electoral Act 1985 and he –(i) is not a candidate, at the next ensuing election for the electoral division that he represented immediately before ceasing to be a member, for election to represent that division, or, if an election is held at the same time for any other electoral division for either House, for election to represent that other division and the Trust certifies that it is satisfied that his failure to be a candidate was due to his failure to secure the support of a political party from which he reasonably sought support or to his expulsion from a political party;(ii) is a candidate at that election but is defeated at that election; or(iii) is not a candidate at that election for reasons that the Trust certifies in writing to be reasons that appear to it to be good and sufficient;(ba) subject to subsection (2A) , that person's period of service as a member is 8 years or more but less than 15 years and he ceases to be a member by reason of his resignation for the purpose of becoming a candidate at an election for an electoral division other than the electoral division that he represented immediately before ceasing to be a member and he is defeated at that election; or(c) that person's period of service as a member is 8 years or more but less than 15 years and he ceases to be a member by reason of his resignation –(i) after he has attained the age of 60 years; or(ii) in any other circumstances that the Trust considers, and certifies in writing, to be sufficient.(2A) [Section 16 Subsection (2A) inserted by No. 105 of 1985, s. 19 ]A person is not entitled to a pension under paragraph (ba) of subsection (2) unless the election referred to in that paragraph is held not later than 3 months after the date on which he ceased to be a member.(3) [Section 16 Subsection (3) amended by No. 70 of 1973, s. 3 ][Section 16 Subsection (3) amended by No. 48 of 1991, s. 45 ][Section 16 Subsection (3) amended by No. 15 of 1996, s. 20 ]Where a person who –is entitled to a pension under this section, the pension is payable at a rate ascertained in accordance with the formula –(a) at the date of retirement is aged 65 years or less; or(b) having attained the age of 65 years has continued to make contributions to the Fund and has not attained the age of 70 years –where –A represents an amount calculated at a rate equal to the appropriate percentage of the amount of the basic salary;B represents the total amount paid to him by way of parliamentary salary in respect of his relevant periods of service as a member; andC represents the total amount that would have been so payable to a member in respect of those periods if, throughout those periods, he had been a member who held no other office in respect of which a parliamentary salary was payable.(3AA) [Section 16 Subsection (3AA) inserted by No. 15 of 1996, s. 20 ]Where a person who at the date of retirement has attained the age of 70 years and elected on attaining the age of 65 years to continue making contributions to the Fund after the age of 65 years, that person is entitled to a pension under this section payable at a rate determined in accordance with the following formula:where –P represents the pension payable under this subsection; andE represents a pension calculated using the formula in subsection (3) ; andF represents a pension calculated using the formula in subsection (3) as if the person had retired on attaining the age of 70 years.(3A) [Section 16 Subsection (3A) inserted by No. 48 of 1991, s. 45 ][Section 16 Subsection (3A) amended by No. 15 of 1996, s. 20 ]Where a person –and is entitled to a pension under this section, the pension is payable at a rate determined in accordance with the following formula:(a) has at the date of retirement attained the age of 65 years; and(b) has not made contributions in respect of service after that age –where –P represents the pension payable under this subsection; andE represents the pension that would be payable under subsection (3) ; andF represents the pension that would have been payable under that subsection if the person had retired on attaining the age of 65 years.(3B) [Section 16 Subsection (3B) inserted by No. 15 of 1996, s. 20 ]Where –(a) a person is entitled to a pension under this section; and(b) his or her relevant periods of service as a member are 20 years or more –that person is entitled to be paid a further benefit by way of a lump sum payment as the Trust may determine on the advice of the Actuary having regard to –(c) the pension attributable to any portion of his or her service in excess of 20 years; and(d) the minimum benefits prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.(4) For the purposes of subsection (3) of this section, the appropriate percentage, in relation to a person to whom a pension is payable under this section, is the percentage specified in the second column of Schedule 2 opposite to such period of service specified in the first column of that schedule as corresponds to that person's period of service as a member, as at the day on which he ceases to be a member.(4A) [Section 16 Subsection (4A) inserted by No. 57 of 1988, s. 4 ]Notwithstanding subsection (4) , where a person to which this section applies ceases to be a member on or after 1st September 1988, the appropriate percentage for the purposes of subsection (3) shall be the appropriate percentage ascertained in accordance with subsection (4) and Schedule 2 increased by 1/12th of the difference between –for each complete month by which the period of service of that person exceeded the minimum period of service required to obtain the appropriate percentage ascertained in accordance with subsection (4) and Schedule 2 .(a) that percentage; and(b) the next percentage specified in Schedule 2 –(5) [Section 16 Subsection (5) substituted by No. 70 of 1973, s. 3 ]For the purposes of subsection (3) of this section, any period of service as a member since the commencement of the repealed Act is a relevant period of service as a member.(5A) References in subsection (3) of this section to the parliamentary salary of a person shall be taken to include, in addition to references to his parliamentary salary within the meaning of this Act, references also to –(a) the salary and allowances paid to him under the Parliamentary Salary and Allowances Act 1955 other than an electorate allowance under subsection (2) of section four of that Act or an entertainment allowance under paragraph (a) of subsection (1) of section five of that Act ; and(b) the remuneration paid to him under the Parliamentary Salary and Allowances Act 1962 otherwise than by way of an electorate allowance, an entertainment allowance, or a travelling allowance.(6) [Section 16 Subsection (6) amended by No. 70 of 1973, s. 3 ]Notwithstanding any other provision of this Act, where a person makes such an election as is referred to in subsection (3) of section thirteen , that person, on becoming entitled to a pension, is entitled only to a pension that bears the same proportion to the pension to which, but for this subsection, he would have been entitled as the annual amount of his contributions (by reason of the making of the election) bears to the annual amount of the contributions that would have been payable by him if those contributions had been calculated at the rate of twelve per cent of his parliamentary salary for the time being.(7) [Section 16 Subsection (7) amended by No. 70 of 1973, s. 3 ]Notwithstanding any other provision of this Act, where a person makes such an election as is referred to in subsection (3) of section thirteen and, before the whole of the total sum that he has elected to pay to the Fund has been paid pursuant to that election that person or his spouse becomes entitled to a pension, the Trust may –(a) withhold the payment to that person, or to his spouse, of instalments of that pension until the amount so withheld equals that total sum, or the balance of that total sum, as the case may be; or(b) deduct from each instalment of that pension such amount as the Trust thinks fit or as is agreed upon between the Trust and that person or his spouse, as the case may be, until the total amount so deducted equals that total sum, or the balance of that total sum, as the case may be.
17. Pension on retirement on ground of ill-health
(1) Where a member whose period of service at the relevant time is less than eight years produces to the Trust such medical and other evidence as satisfies it that he has ceased to be a member because he has been rendered incapable of performing the duties of a member by reason of ill-health or physical incapacity or mental incapacity, he is, if he is not entitled to a pension under this Part other than under this section, entitled to a pension calculated as if his period of service at that time were eight years.(2) Notwithstanding subsection (1) of this section, a person who, on or after the appointed day, becomes, on any occasion, a member otherwise than by reason of his re-election at an election immediately before which he was a member is not entitled to a pension under that subsection on his next ceasing after that occasion to be a member unless between that occasion and his so next ceasing to be a member he has furnished to the Trust a certificate approved by the Trust of a legally-qualified medical practitioner so approved certifying that the medical practitioner has examined that person in accordance with the requirements of the Trust and that that person is not suffering from any physical condition or mental condition that is likely to render him incapable, before the expiration of fifteen years from the date of the certificate, of performing the duties of a member.
[Section 18 Amended by No. 15 of 1996, s. 21 ](1) A person who ceases to be a member otherwise than by reason of his death and who is not entitled to a pension is entitled to have refunded to him his contributions and any contributions made by him under the repealed Act , less any amount previously refunded to him under this subsection or under the repealed Act .(2) [Section 18 Subsection (2) omitted by No. 15 of 1996, s. 21 ]. . . . . . . .(3) [Section 18 Subsection (3) omitted by No. 15 of 1996, s. 21 ]. . . . . . . .(4) [Section 18 Subsection (4) omitted by No. 15 of 1996, s. 21 ]. . . . . . . .(5) [Section 18 Subsection (5) omitted by No. 15 of 1996, s. 21 ]. . . . . . . .(6) [Section 18 Subsection (6) substituted by No. 33 of 1990, s. 6 ]A person who is entitled to a refund of contributions under this Act is entitled to be paid an amount that is equal to the sum of –(a) that member's contributions; and(b) interest on those contributions in accordance with section 14A ; and(c) a termination benefit in accordance with section 18A .
18A. Termination benefit payable
[Section 18A Inserted by No. 15 of 1996, s. 22 ](1) A person who is entitled under section 18 to a refund of contributions is also entitled to payment of a termination benefit as provided in this section.(2) [Section 18A Subsection (2) substituted by No. 91 of 1999, s. 57, Applied:15 Dec 1999] A termination benefit under subsection (1) is to be calculated in accordance with the following formula:where –T is the termination benefit payable under this section; andB is the total contributions and accrued interest as at the date when the member's service is terminated.(3) Where a person to whom section 24 (3) applies has again become, or again becomes, a member, the person is entitled to a benefit calculated in accordance with subsection (2) as if he or she had made contributions from the date of re-election as a member.
18B. Entitlements of personal representatives on death of member
[Section 18B Inserted by No. 15 of 1996, s. 22 ](1) Where a person ceases to be a member by reason of his or her death and no pension is payable under section 19 , the personal representatives of that person are entitled to have paid to them an amount representing a lump sum calculated in accordance with section 22B as if 100% of the appropriate pension calculated in accordance with section 19 were commuted.(2) In the application of section 22B for the purposes of this section –(a) the election required under section 22B (1) is taken to have had effect on the death of the deceased member; and(b) a conversion factor is to be applied for determining the lump sum; and(c) the conversion factor is to be as specified in Schedule 4 by reference to the appropriate age; and(d) the appropriate age is taken to be the age of the deceased member at the date of his or her death.(3) [Section 18B Subsection (3) inserted by No. 91 of 1999, s. 58, Applied:15 Dec 1999] Where a person has ceased to be a member by reason of his or her death and he or she –the personal representatives of that person are entitled to have paid to them an amount representing a lump sum calculated in accordance with the formula specified in section 18A(2).(a) has received a lump sum under this Act; and(b) has subsequently again become a member of either House; and(c) has not repaid to the Fund an amount equal to any lump sum received in respect of the previous service; and(d) was a member on 1 July 1999 –
Division II - Spouses' pensions
19. Pension for spouse of deceased member or former member
[Section 19 Subsection (2) amended by No. 48 of 1991, s. 46 ](1) Subject to this section –(a) on the death of a former member who is, at the time of his death, receiving a pension, the spouse of that former member is entitled to an annual pension calculated as provided in subsection (2) of this section;(b) on the death of a member whose period of service as a member, at the time of his death, is at least eight years, the spouse of that member is entitled to an annual pension calculated as provided in subsection (3) of this section; and(c) on the death of a member whose period of service as a member, at the time of his death, is less than eight years, the spouse of that member is entitled to an annual pension calculated as provided in subsection (4) of this section.(1A) [Section 19 Subsection (1A) inserted by No. 15 of 1996, s. 23 ]A death benefit is not payable to a spouse if, at the time of the member's death –(a) the spouse was living apart from the member; and(b) the Trust is satisfied, after making due enquiry, that the spouse was not receiving any significant financial support from the member.(2) [Section 19 Subsection (2) amended by No. 33 of 1990, s. 7 ]A pension to which the spouse of a deceased former member is entitled by virtue of paragraph (a) of subsection (1) of this section shall be calculated at the rate of –whichever of those rates of pension would have been the greater at the date of the former member's death.(a) five-eighths of the pension that, in the absence of any commutation by the former member under section 22B , would have been payable to the former member but for his or her death; or(b) forty per cent of the annual amount of the basic salary –(3) [Section 19 Subsection (3) amended by No. 48 of 1991, s. 46 ]A pension to which the spouse of a deceased member is entitled by virtue of paragraph (b) of subsection (1) of this section shall be calculated at the rate of –whichever of those rates of pension would have been the greater at that date.(a) five-eighths of the pension that would have been payable from time to time to the deceased member but for his death if he had ceased to be a member on the date of his death and had then been entitled to a pension under section sixteen ; or(b) forty per cent of the annual amount of the basic salary –(4) [Section 19 Subsection (4) amended by No. 48 of 1991, s. 46 ]The pension to which the spouse of a deceased member is entitled by virtue of paragraph (c) of subsection (1) of this section shall be calculated at the rate of forty per cent of the annual amount of the basic salary.(5) [Section 19 Subsection (5) amended by No. 48 of 1991, s. 46 ]A person's entitlement to a pension under this section continues until that person's death.(6) [Section 19 Subsection (6) omitted by No. 48 of 1991, s. 46 ]. . . . . . . .(7) Where, but for this subsection, a person who is entitled to a pension under this section by reason of being the spouse of a former member becomes entitled to a pension under section sixteen or section seventeen in respect of service as a member, that person is, subject to this Act, entitled only to receive such one of those pensions as that person elects to receive by notice in writing served on the Trust within one month after becoming entitled to a pension in respect of that person's service as a member.(8) [Section 19 Subsection (8) omitted by No. 48 of 1991, s. 46 ]. . . . . . . .
Division III - Children's pensions
(1) Subject to this section, on the death of a member or former member a pension is payable in respect of each child who is dependent on the member or former member at the time of the death or would have been so dependent if the member or former member were alive.(2) A pension under this section is payable –(a) in the case of a child of a person who was a member at the time of his death –(i) where the deceased is survived by a spouse, at the rate of five per cent of the pension that would have been payable to the deceased if, immediately before the day of his death, he had become entitled to a pension under section sixteen ; or(ii) where the deceased is not survived by a spouse, at the rate of twenty per cent of the pension that would have been so payable if immediately before that day the deceased had become entitled to such a pension; or(b) in the case of a child of a deceased former member –(i) where the deceased is survived by a spouse, at the rate of five per cent of the pension that was payable to the deceased on the day of his death; or(ii) where the deceased is not survived by a spouse, at the rate of twenty per cent of the pension that was so payable.(3) For the purposes of paragraph (a) of subsection (2) of this section, where the period of service of a member, on the day of his death, was less than eight years, the pension payable in respect of a child under that paragraph shall be calculated as if that period were a period of eight years.(4) Where a child's pension is being paid at the rate specified in sub-paragraph (i) of paragraph (a) of subsection (2) of this section or at the rate specified in sub-paragraph (i) of paragraph (b) of that subsection, and the spouse of the person by reason of whose death the pension is payable dies while that pension is still payable, the rate of that pension shall be increased to the rate at which it would have been payable if that person's spouse had not survived him.(5) [Section 20 Subsection (5) omitted by No. 48 of 1991, s. 47 ]. . . . . . . .
21. Commencement and cessation of children's pensions
(1) [Section 21 Subsection (1) amended by No. 15 of 1996, s. 24 ]A child's pension commences on the day of the death by virtue of which it becomes payable and ceases to be payable on –whichever first happens.(a) the child (not being a child to whom subsection (2) of this section relates) attaining the age of 18 years; or(b) the death of the child –(2) [Section 21 Subsection (2) amended by No. 15 of 1996, s. 24 ]In the case of a child who is receiving full-time education at a school, college, or university the child's pension ceases to be payable –whichever first happens.(a) when the child attains the age of 25 years; or(b) when the child ceases to receive full-time education at a school, college, or university –
21A. Pension payable in case of member who died before appointed day
[Section 21A Inserted by No. 67 of 1974, s. 2 ]In the case of a member who has died before the appointed day a pension is payable under this Division as if he –(a) had died immediately after the appointed day; and(b) had ceased to be a member on the actual date of his death but had not retired voluntarily within the meaning of the repealed Act .
22. Persons to whom children's pensions are payable
(1) A child's pension shall be paid to the spouse, if any, of the deceased member or former member or, if there is no spouse, to the guardian of the child, unless the Trust, in any case, otherwise orders.(2) The Trust may at any time pay to the guardian of a child, or expend for a child's benefit, any pension or sum of money payable in respect of that child under this Act.(3) [Section 22 Subsection (3) inserted by No. 105 of 1985, s. 20 ]Where a pension is paid under this Division, the child in respect of whom the pension is paid is beneficially entitled to that pension.
Division IIIAA - Adjustment of pensions[Part IV, Div. IIIAA Inserted by No. 48 of 1991, s. 48 ]
[Section 22AA Inserted by No. 48 of 1991, s. 48 ]In this Division, unless the contrary intention appears –basic rate, in relation to a pension, means the rate at which the pension is or was payable on 31 December 1991;half-year means a period of 6 months commencing on 1 July or 1 January;Index means the table described as the "Consumer Price Index Numbers – All Groups, All Capital Cities" that is published by the Commonwealth Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth;pay-day means a day on which a fortnightly instalment of a pension is payable pursuant to section 26 ;quarter means a period of 3 months commencing on 1 July, 1 October, 1 January or 1 April.
22AB. Half-yearly adjustment of pensions
[Section 22AB Inserted by No. 48 of 1991, s. 48 ](1) Subject to this section, a pension under this Act is to be adjusted by the Trust in accordance with this section in each half-year commencing on 1 January 1992.(2) [Section 22AB Subsection (2) amended by No. 40 of 1996, s. 3 and Sched. 1 ]The Government Statistician must, as soon as practicable after the end of the first quarter in each half-year, give to the Trust a notice specifying the percentage by which the Index for that quarter is greater or less than the Index for the first quarter of the last preceding half-year.(3) [Section 22AB Subsection (3) substituted by No. 40 of 1996, s. 3 and Sched. 1 ]On receipt of a notice under subsection (2) , the Trust must declare the percentage by which pensions are to be increased in respect of the half-year following the half-year first-mentioned in that subsection.(4) [Section 22AB Subsection (4) substituted by No. 40 of 1996, s. 3 and Sched. 1 ]A percentage declared under subsection (3) in respect of a half-year is to be the same as the percentage specified in the notice given to the Trust under subsection (2) .(5) [Section 22AB Subsection (5) amended by No. 40 of 1996, s. 3 and Sched. 1 ]An adjustment of a pension in respect of any half-year made under this section is to be made –(a) by increasing the rate at which, immediately before the making of the adjustment, the pension was payable by the percentage declared in respect of that half-year under subsection (3) ; and(b) so as to operate from and including the first pay-day in that half-year.(6) [Section 22AB Subsection (6) amended by No. 40 of 1996, s. 3 and Sched. 1 ]The following provisions apply to the first adjustment pursuant to this section of a pension that first becomes payable after 1 January 1992:(a) in the case of a pension that comes into force during the second quarter of any half-year, the first adjustment to that pension is to be made so as to operate from the first pay-day after the end of the half-year next following that half-year;(b) in the case of a pension that comes into force during the first quarter of any half-year, the first adjustment to that pension is to be made so as to operate from the first pay-day after the end of that half-year;(c) the annual amount by which such a pension is to be increased is to be calculated in accordance with the prescribed formula.(7) [Section 22AB Subsection (7) amended by No. 40 of 1996, s. 3 and Sched. 1 ]For the purposes of paragraph (c) of subsection (6) , the prescribed formula is the formula –where –P represents the annual amount referred to in that paragraph; andA represents the amount by which, but for the operation of that subsection, the pension would have been increased; andB represents the number of days falling within the period beginning with the day on which the pension came into force and ending –(a) if that day falls within the second quarter of any half-year, at the end of the first quarter of the half-year next following; or(b) if that day falls within the first quarter of any half-year, at the end of that quarter.(8) In their application to a widow's pension, a widower's pension or a child's pension that becomes payable as a consequence of the death of a pensioner, subsections (6) and (7) have effect as if that pension came into force when the pension payable to that pensioner came into force.(9) [Section 22AB Subsection (9) omitted by No. 40 of 1996, s. 3 and Sched. 1 ]. . . . . . . .(10) [Section 22AB Subsection (10) omitted by No. 40 of 1996, s. 3 and Sched. 1 ]. . . . . . . .(11) [Section 22AB Subsection (11) omitted by No. 40 of 1996, s. 3 and Sched. 1 ]. . . . . . . .(12) [Section 22AB Subsection (12) omitted by No. 40 of 1996, s. 3 and Sched. 1 ]. . . . . . . .
Division IIIA - Commutation of pensions into lump sum payments[Part IV, Div. IIIA Inserted by No. 105 of 1985, s. 21 ]
22A. Commutation of existing pensioner's entitlements, &c.
[Section 22A Inserted by No. 105 of 1985, s. 21 ](1) A person who is in receipt of, or entitled to, a pension referred to in Division I or II immediately before the commencement of the Parliamentary Superannuation Amendment Act 1985 may, by not later than 31st March 1986, elect by notice in writing given to the secretary to the Trust to commute that pension entitlement to a lump sum payment in accordance with this section.(1A) [Section 22A Subsection (1A) inserted by No. 1 of 1986, s. 4 ]A person who is in receipt of, or entitled to, a pension referred to in Division I or II immediately before the commencement of the Parliamentary Superannuation Amendment Act 1985 and –(a) who has not made an election to commute that pension entitlement to a lump sum by the date specified in subsection (1) may, by not later than 28th April 1986, elect to commute that pension entitlement to a lump sum; or(b) who has made an election on or before the date specified in subsection (1) may, by not later than 28th April 1986, revoke that election.(2) [Section 22A Subsection (2) amended by No. 1 of 1986, s. 4 ]Where –the Trust shall, out of the Fund, pay to the person who made the election a lump sum equal to the amount of the annual pension which, but for his election, he would have been entitled to receive multiplied by the conversion factor specified in Schedule 3 that is applicable to the person as at 30th April 1986.(a) an election has been made under subsection (1) and has not been revoked under subsection (1A) (b) ; or(b) an election has been made under subsection (1A) (a) –(3) [Section 22A Subsection (3) substituted by No. 1 of 1986, s. 4 ]Payment of the lump sum under subsection (2) shall be made in 2 equal instalments, the first instalment payable on –and the second instalment payable on 31st July 1986.(a) 30th April 1986, in the case of a person who made his election on or before 31st March 1986 and who has not revoked the election under subsection (1A) (b) ; and(b) 30th May 1986, in the case of a person who made his election on or after 1st April 1986 and not later than 28th April 1986 –(4) [Section 22A Subsection (4) substituted by No. 1 of 1986, s. 4 ]Where a person has made –that person shall be paid half the pension that he is entitled to receive under this Act from the date on which he is paid the first instalment of the lump sum under subsection (3) up to and including 31st July 1986 and immediately after that date all entitlements under this Act in respect of himself and his spouse and children (if any) cease.(a) an election under subsection (1) and has not revoked that election under subsection (1A) (b) ; or(b) an election under subsection (1A) (a) –(5) [Section 22A Subsection (5) added by No. 1 of 1986, s. 4 ]Where a person who –and on and after his death, all rights and entitlements under this Act in respect of his spouse and children (if any) cease.(a) has made an election under subsection (1) and has not revoked that election under subsection (1A) (b) ; or(b) has made an election under subsection (1A) (a) –dies on or after 30th April 1986, the Trust shall pay to the personal representatives of that person –(c) the instalments referred to in subsection (3) or the balance of those instalments, as the case may require; and(d) the pension entitlements specified in subsection (4) which that person would, but for his death, have been entitled to receive under that subsection or the balance of those pension entitlements, as the case may require –
22B. Commutation of existing members, &c., entitlements
[Section 22B Inserted by No. 105 of 1985, s. 21 ][Section 22B Amended by No. 33 of 1990, s. 8 ](1) A person who becomes entitled to a pension referred to in Division I or II on or after the commencement of the Parliamentary Superannuation Amendment Act 1985 may, within 28 days after becoming so entitled, elect by notice in writing given to the secretary to the Trust to commute either 50% or 100% of that pension entitlement to a lump sum payment in accordance with this section.(2) [Section 22B Subsection (2) amended by No. 33 of 1990, s. 8 ]Where an election is made under subsection (1) the Trust shall, out of the Fund, pay to the person who made the election or the personal representative of that person, as the case may require, a lump sum equal to the amount of the annual pension forgone by that person multiplied by the conversion factor specified in Schedule 4 that is applicable to the person on the expiration of the period of 28 days referred to in subsection (1) .(3) [Section 22B Subsection (3) substituted by No. 33 of 1990, s. 8 ]Where a person elects to commute to a lump sum 50% or 100% of a pension entitlement in accordance with subsection (1) , payment of that lump sum shall be made within 14 days of the expiration of the period of 28 days referred to in subsection (1).(3A) [Section 22B Subsection (3A) inserted by No. 33 of 1990, s. 8 ]Where a person is paid a lump sum under subsection (2) , in respect of a pension entitlement referred to in Division I or Division II , the pension to which that person or the spouse of that person is entitled is reduced by the percentage nominated in the election.(4) [Section 22B Subsection (4) substituted by No. 33 of 1990, s. 8 ]Where a person elects, under subsection (1) , to commute to a lump sum the whole of a pension entitlement referred to in Division I , all entitlements under this Act in respect of that person and that person's spouse and children, if any, cease upon payment of that lump sum being made in accordance with subsection (2) .(5) [Section 22B Subsection (5) substituted by No. 33 of 1990, s. 8 ]Where a person elects, under subsection (1) , to commute to a lump sum the whole of a pension entitlement referred to in Division II , all entitlements under this Act in respect of that person cease upon payment of that lump sum being made in accordance with subsection (2) .
22C. Commutation of children's pensions
[Section 22C Inserted by No. 105 of 1985, s. 21 ](1) An entitlement to a pension referred to in Division III which arises on or after the commencement of the Parliamentary Superannuation Amendment Act 1985 by a child who has not attained the age of 18 years at the date on which the entitlement arises may be commuted to a lump sum payment in accordance with this section.(2) The spouse, if any, of the deceased member or former member or, if there is no spouse, the guardian of the child, may elect on behalf of the child to commute the pension entitlement to a lump sum payment.(3) An election on behalf of a child under subsection (2) shall be made by giving a written notice of election to the secretary to the Trust within 28 days of the child becoming entitled to the pension.(4) Where an election is made on behalf of a child under subsection (2) , the Trust shall, out of the Fund, pay to the spouse of the deceased member or former member or, if there is no spouse, to the guardian of the child, a lump sum equal to the amount of the annual pension which, but for the election, the child would have been entitled to receive multiplied by the conversion factor specified in Schedule 5 that is applicable to the child on the expiration of the period of 28 days referred to in subsection (3) .(5) Payment of the lump sum under subsection (4) shall be made within 14 days of the election having been made on behalf of the child, or the expiration of the period of 28 days referred to in subsection (3) , whichever is the later.(6) Where, by reason of the death of a member or a former member, a child becomes entitled to a pension under section 20 (2) (a) (i) or (b) (i) and a lump sum payment is made under this section, the election to receive that lump sum does not prevent a further election being made in respect of the pension payable under section 20 (2) (a) (ii) or (b) (ii) if the spouse of the member or former member subsequently dies.(7) A lump sum payment made in commutation of a pension entitlement payable under section 20 (2) (a) (ii) or (b) (ii) shall be calculated at the rate of 15 per cent of the annual pension that would have been payable to the deceased member or former member multiplied by the conversion factor specified in the Schedule 5 that is applicable to the child on the date that the lump sum payment is made in respect of the child pursuant to subsection (5) .(8) Where a lump sum payment is made in respect of a child pursuant to subsection (5) , the child in respect of whom that lump sum is paid is beneficially entitled to that lump sum.
Division IIIB - Benefits payable to certain former members[Part IV, Div. IIIB Inserted by No. 15 of 1996, s. 25 ]
22D. Benefits payable to certain former members
[Section 22D Inserted by No. 15 of 1996, s. 25 ](1) Subject to subsection (2) , the Trust must, out of the Fund, pay to a person who has made an election under section 14C (1) and paid the required amount under section 14C (3) an additional amount in accordance with subsection (3) .(2) The Trust must, out of the Fund, pay to a person who –an additional amount in accordance with subsection (3) as if he or she attained the age of 65 years on 1 July 1990.(a) attained the age of 65 years before 1 July 1990; and(b) is entitled to a pension under section 16 (3A) ; and(c) having been entitled to make an election under section 14C (1) , has failed to do so within the period allowed by the Trust –(3) The additional amount is payable by way of pension, lump sum equivalent or partly one and partly the other and is to include any arrears of pension together with interest, as the Trust may determine having regard to the matters specified in section 16 .
Division IV - Special provisions relating to pensions under the repealed Act
23. Rights of existing pensioners
(1) A person who, on the appointed day, is in receipt of, or is entitled to receive, a pension under the repealed Act shall, in lieu of that pension, be paid out of the Fund a pension calculated in accordance with the following provisions of this section.(2) Where a person ceased to be a member before the commencement of the Parliamentary Retiring Allowances Act 1961 , the pension that is payable to that person by virtue of this section shall be calculated –(a) in the case of a person who has attained the age of sixty-five years, at the same rate as it would have been calculated if this Act had been in force on the day when that person ceased to be a member and he had on that day become entitled to a pension under section sixteen ; or(b) in any other case, at the rate of one-half of the rate referred to in paragraph (a) of this subsection until that person attains the age of sixty-five years, and thereafter at the rate referred to in that paragraph.(2A) [Section 23 Subsection (2A) inserted by No. 42 of 1989, s. 4 ]Where a pension paid to the widow or widower of a former member ceased on remarriage before the appointed day that widow or widower shall be paid out of the Fund a pension calculated in accordance with the following provisions of this section as if that marriage had never taken place except that payment of the pension shall be suspended during the subsistence of the marriage.(2B) [Section 23 Subsection (2B) inserted by No. 18 of 1999, s. 35, Applied:14 May 1999] A pension payable under subsection (2A) is not payable in respect of any period before 21 December 1989.(3) The pension that is payable by virtue of this section to a person other than a person to whom subsection (2) of this section relates –(a) in the case of a person who, immediately before he ceased to be a member, was contributing to the former fund at the full rate, shall be calculated at the rate at which it would have been calculated if this Act had been in force on the day on which that person ceased to be a member and he had on that day become entitled to a pension under section sixteen ; or(b) in the case of a person who, immediately before ceasing to be a member, was contributing to the former fund at a rate less than the full rate, shall be calculated at a rate that bears the same proportion to the pension that would have been payable to him if he were a person to whom paragraph (a) of this subsection applies as the rate of his contributions to the former fund bears to twelve per cent of the parliamentary salary payable to him immediately before he ceased to be a member.(4) For the purposes of subsection (3) of this section, the full rate is the rate referred to in paragraph (c) of subsection (2) of section thirteen A of the repealed Act .(5) The pension that is payable by virtue of this section to the spouse of a deceased person to whom subsection (2) of this section relates –(a) in the case of a spouse who has attained the age of sixty-five years, shall be calculated at the rate of –whichever is the greater; or(i) five-eighths of the pension that is or would have been payable to the deceased person by virtue of that subsection if that person before his death had attained the age of sixty-five years; or(ii) forty per cent of the annual rate of the basic salary for the time being –(b) in any other case, shall be calculated at the rate of one-half of the pension payable to a spouse by virtue of paragraph (a) of this subsection until that spouse attains the age of sixty-five years and thereafter at the appropriate rate referred to in paragraph (a) of this subsection.(6) The pension that is payable by virtue of this section to the spouse of a deceased person to whom subsection (3) of this section relates shall be calculated at the rate of –whichever is the greater.(a) five-eighths of the appropriate pension that is, or but for his death would have been, payable to that person by virtue of that subsection; or(b) forty per cent of the annual amount of the basic salary for the time being –(7) [Section 23 Subsection (7) substituted by No. 70 of 1973, s. 4 ]A person to whom this section applies may, within six months after the appointed day, by notice in writing to the Trust, elect to retain his rights under the repealed Act , and, if he does so, the pension payable to him under this section shall be a pension at the rate of the pension that would have continued to have been payable to him under the repealed Act if this Act had not been enacted.(7A) [Section 23 Subsection (7A) inserted by No. 70 of 1973, s. 4 ]For the purposes of the determination of the rate of a pension payable pursuant to subsection (7) of this section the Acts repealed by this Act shall be deemed to continue in force as if they had not been repealed by this Act, and the powers conferred by those Acts are exercisable accordingly.(8) The Trust shall make such calculations and such adjustments to its accounts and records as may be necessary or desirable by reason of the operation of this section.
Division V - General provisions relating to pensions
24. Termination of pensions in certain cases
[Section 24 Amended by No. 33 of 1990, s. 9 ][Section 24 Amended by No. 15 of 1996, s. 26 ](1) [Section 24 Subsection (1) amended by No. 105 of 1985, s. 22 ][Section 24 Subsection (1) amended by No. 91 of 1999, s. 59, Applied:15 Dec 1999] If a person who is receiving or is entitled to receive a pension in respect of his service as a member again becomes a member his right to that pension is suspended while he or she continues to be such a member.(2) [Section 24 Subsection (2) added by No. 105 of 1985, s. 22 ][Section 24 Subsection (2) amended by No. 33 of 1990, s. 9 ]Where a person who commuted the whole or part of a pension to which he was entitled under Division I of Part IV in respect of his service as a member again becomes a member, that person shall, within the period of 3 months after again becoming a member, or within such other period as the Trust may specify, pay into the Fund an amount equal to the lump sum received by him, and on the payment of that amount his rights and liabilities under this Act shall be deemed to be the same as if he had never received a lump sum payment.(3) [Section 24 Subsection (3) added by No. 105 of 1985, s. 22 ][Section 24 Subsection (3) amended by No. 15 of 1996, s. 20 ]A person referred to in subsection (2) who does not pay into the Fund the lump sum within the period specified in that section or, where the Trust has specified another period, within that period, is not entitled to any pension or other benefit for the period of service by that person after again becoming a member, and shall not be required to make any contributions under this Act in respect of that period of service.(4) [Section 24 Subsection (4) inserted by No. 15 of 1996, s. 26 ] Subsection (3) has effect subject to section 18A (3) but notwithstanding any other provision of this Act.(5) [Section 24 Subsection (5) inserted by No. 91 of 1999, s. 59, Applied:15 Dec 1999] Subsections (2) , (3) and (4) do not apply to a person who is again elected as a member after 1 July 1999.(6) [Section 24 Subsection (6) inserted by No. 91 of 1999, s. 59, Applied:15 Dec 1999] This section has effect notwithstanding section 3B .
(1AA) [Section 25 Subsection (1AA) inserted by No. 33 of 1990, s. 10 ][Section 25 Subsection (1AA) omitted by No. 91 of 1999, s. 60, Applied:15 Dec 1999] . . . . . . . .(1) [Section 25 Subsection (1) substituted by No. 105 of 1985, s. 23 ][Section 25 Subsection (1) omitted by No. 91 of 1999, s. 60, Applied:15 Dec 1999] . . . . . . . .(1A) [Section 25 Subsection (1A) added by No. 105 of 1985, s. 23 ][Section 25 Subsection (1A) omitted by No. 91 of 1999, s. 60, Applied:15 Dec 1999] . . . . . . . .(1B) [Section 25 Subsection (1B) added by No. 105 of 1985, s. 23 ][Section 25 Subsection (1B) omitted by No. 91 of 1999, s. 60, Applied:15 Dec 1999] . . . . . . . .(1C) [Section 25 Subsection (1C) added by No. 105 of 1985, s. 23 ][Section 25 Subsection (1C) omitted by No. 91 of 1999, s. 60, Applied:15 Dec 1999] . . . . . . . .(2) [Section 25 Subsection (2) amended by No. 41 of 1976, s. 2 ]If a person who is receiving or is entitled to receive a pension –the right of that person to receive a pension is suspended while that person continues to be such a member.(a) becomes a member of the Parliament of the Commonwealth or of a State other than this State; or(b) . . . . . . . .(c) not being a person to whom section twenty-four relates, becomes a member –(3) Where a person to whom a pension would be payable but for the provisions of this section has become entitled to payment of a pension by reason of having been a member or by reason of being the spouse of a member of the Parliament of the Commonwealth or of a State other than this State, that person's entitlement to payment of a pension under this Act is suspended while that person is so entitled.(4) Notwithstanding subsection (3) of this section, where a person has received a pension or other benefit pursuant to an entitlement referred to in that subsection, the Trust may, in its absolute discretion, direct payment to that person of a pension of such amount as the Trust thinks fit, but so that the aggregate of the amount of the pension so directed to be paid and the amount of the pension, or the pension equivalent of the other benefit, that he has received pursuant to that entitlement does not exceed the annual pension that would be payable under this Part but for the provisions of this section.(5) [Section 25 Subsection (5) omitted by No. 48 of 1991, s. 49 ]. . . . . . . .
PART IVA - Taxation and payment of pensions and other benefits[Part IVA Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999]
25A. Calculation of notional contributions surcharge amount
[Section 25A Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999] For the purposes of this Part, the Trust must calculate for each member a notional contributions surcharge amount having regard to his or her parliamentary salary and the notional surchargeable contributions factor advised by the Actuary as required by the law of the Commonwealth or this Act.
25B. When pension or other benefit is taken to be payable
[Section 25B Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999] For the purposes of this Part, a pension or other benefit payable under this Act is taken to be payable –(a) in the case of a lump sum, at the time the member is paid the lump sum; and(b) in the case of a pension, at the time the member is paid the first instalment of the pension.
25C. Benefits subject to taxation
[Section 25C Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999](1) A pension or other benefit payable under this Act is to be treated by the Trust for the purposes of taxation under the law of the Commonwealth –(a) in the case of a lump sum, as an eligible termination payment emanating from an untaxed source; and(b) in the case of a pension, as a non-rebatable superannuation pension.(2) The Trust must deduct from a pension or other benefit any amount required to be paid as taxation under a law of the Commonwealth and must remit that amount to the Taxation Commissioner.
25D. Provision of certain information by Trust
[Section 25D Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999](1) The Trust must provide the Actuary with such information in respect of a member as may be necessary for the purposes of this Part.(2) The Trust must provide the Taxation Commissioner, as required by the law of the Commonwealth, with particulars of the notional contributions surcharge amount in respect of each member.(3) The Trust is to give to each member a copy of the particulars provided to the Taxation Commissioner under subsection (2) relating to that member together with details of how the amount was calculated.(4) If a member believes that the amount referred to in subsection (2) is incorrect owing to either a miscalculation of matters ascertained by the Actuary or a mistake of fact, the member may, by notice in writing to the Trust –(a) request that the calculation of the amount be reviewed; and(b) request the Trust to consider any evidence which he or she may submit to it.
25E. Establishment of surchargeable contributions debt account
[Section 25E Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999](1) On receipt of the first assessment notice from the Taxation Commissioner in respect of a member, the Trust must establish a surchargeable contributions debt account in respect of that member.(2) The Trust must debit the surchargeable contributions debt account with the amount of any surcharge liability specified in the assessment notice relating to the member.(3) If the surchargeable contributions debt account is in debit at the end of a financial year, the Trust must debit the account with interest, in accordance with the law of the Commonwealth.(4) Where a pension or other benefit becomes payable by the Trust to a member whose account is in debit, the Trust must pay to the Taxation Commissioner, within one month after the day on which the lump sum or the first instalment of pension becomes payable, the amount by which the account is in debit in respect of that pension or other benefit.(5) The Trust, at least annually, must inform each member of the balance of his or her surchargeable contributions debt account and of any debits or credits, including interest, to that account.
25F. Right of members to pay into surchargeable contributions debt account
[Section 25F Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999](1) A member may make payments to his or her surchargeable contributions debt account to reduce in full or in part the balance of that account.(2) A payment made under subsection (1) by a member is taken not to be a contribution for the purposes of the law of the Commonwealth.(3) On receipt of a payment under this section, the Trust must –(a) credit the surchargeable contributions debt account with that amount; and(b) take any other action required under the law of the Commonwealth.
25G. Reduction of pension or other benefit
[Section 25G Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999](1) A pension or other benefit payable under this Act is to be reduced, at the time of payment by the Trust, to the extent of the balance of the surchargeable contributions debt account of the relevant member but the pension or other benefit is not reduced for the purposes of section 8 .(2) For the purposes of subsection (1) , where a person elects to commute all or part of his or her pension entitlement to a lump sum under this Act, that entitlement is to be reduced in accordance with the following formula, before any commutation to a lump sum:where –PR is the amount by which the pension is to be reduced;SCDA is the balance of the surchargeable contributions debt account attributable to the pension at the time the surcharge liability is payable;CF is the appropriate age, marital and gender factor specified for a pension in force under the Retirement Benefits Act 1993 .(3) A person who receives an assessment notice in respect of a pension payable under this Act may elect in writing to the Trust to commute sufficient of his or her pension to a lump sum to discharge the balance of his or her surchargeable contributions debt account.(4) On receipt of an election under subsection (3) , the Trust must reduce the pension as provided by subsection (2) and must pay the lump sum to that person to enable that person to discharge the balance of his or her surchargeable contributions debt account.
25H. Trust may act on assessment notice
[Section 25H Inserted by No. 18 of 1999, s. 36, Applied:14 May 1999] For the purposes of adjusting a member’s surchargeable contributions debt account, the Trust may act on any assessment notice relating to that member’s surcharge liability received from the Taxation Commissioner and make a debit or credit to that account, as the case may require.
PART V - Miscellaneous
[Section 26 Substituted by No. 70 of 1973, s. 5 ](1) A pension is payable in fortnightly instalments, and payments of fortnightly instalments of one twenty-sixth of an annual rate shall be deemed, for the purposes of this Act, to be payments at the rate of that annual rate for the periods in respect of which those instalments are paid.(2) Subject to subsection (1) of this section, the Apportionment Act 1871 applies to pensions.
(1) [Section 27 Subsection (1) amended by No. 105 of 1985, s. 24 ]Pensions under this Act are inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy, or otherwise.(1A) [Section 27 Subsection (1A) inserted by No. 48 of 1991, s. 50 ]A pension under this Act –(a) is not available as security for a loan; and(b) on the death of the person entitled to the pension is not available as an asset in his or her estate for the payment of his or her debts or liabilities.(2) [Section 27 Subsection (2) amended by No. 48 of 1991, s. 50 ]Notwithstanding anything in subsection (1) or (1A) of this section, the Trust may deduct from a pension or other benefit payable to a person under this Act any amount previously overpaid or paid in error to that person as pension or other benefit under this Act.
27A. Application of Commonwealth superannuation principles
[Section 27A Inserted by No. 33 of 1990, s. 11 ][Section 27A Amended by No. 15 of 1996, s. 27 ][Section 27A Substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] The Trust must comply with the principles outlined in the Heads of Government Agreement made on 28 May 1996 between the Commonwealth and Tasmania, as amended from time to time, as if those principles were included in this Act.
27B. Lump sum benefit may be taken as allocated pension
[Section 27B Inserted by No. 91 of 1999, s. 61, Applied:15 Dec 1999] Where a member, his widow or her widower is in receipt of a lump sum benefit, he or she may elect to transfer all or part of that benefit to the accumulation scheme or an allocated pension account established by the regulations under the Retirement Benefits Act 1993 .
(1) Any dispute under this Act shall be determined in the first place by the Trust.(2) A person who is aggrieved by a decision of the Trust may appeal, as prescribed, to the Supreme Court in accordance with the Rules of Court under the Supreme Court Civil Procedure Act 1932 relating to appeals from statutory tribunals other than courts.(3) The Supreme Court has jurisdiction to hear and determine appeals under subsection (2) of this section.
29. Payment otherwise than to person entitled
Where, in the opinion of the Trust, payment of a pension or other benefit under this Act should be made to a person other than the pensioner or other person entitled to the benefit, the Trust may make the payment to that other person on such conditions as the Trust thinks fit.
The costs of the administration of this Act shall be defrayed out of the Fund.
[Section 31 Amended by No. 15 of 1996, s. 28 ](1) The Governor may make regulations for the purposes of this Act.(2) [Section 31 Subsection (2) inserted by No. 15 of 1996, s. 28 ]Without limiting subsection (1) or section 28 , the regulations may –(a) provide for the procedure to be followed in determining a dispute under this Act; and(b) provide that a person aggrieved by a decision of the Trust may, on payment of a prescribed fee, require it to apply to the Supreme Court for a declaration as to the validity of its decision; and(c) provide for the powers of the Supreme Court on any such application; and(d) provide for the costs of the proceedings in the Supreme Court.
A pension that is payable under this Act by virtue of the amendment made to this Act by the Parliamentary Superannuation Amendment Act 1989 is not payable in respect of any period before that Act received the Royal Assent.
SCHEDULE 1 - ACTS REPEALED[Schedule 1 Amended by No. 99 of 1982, s. 3 and Sched. 2, Part II ]
Parliamentary Retiring Allowances Act 1955. | Parliamentary Retiring Allowances Act 1961. | Parliamentary Retiring Allowances Act 1964. | Parliamentary Retiring Allowances Act 1972. | Parliamentary Retiring Allowances Act (No. 2) 1972. |
SCHEDULE 2 - The Appropriate Percentage for the Purposes of Subsection (3) of Section 16
Section 16 (3) , (4)
FIRST COLUMN Where a member's period of service is – | SECOND COLUMN The appropriate percentage for the purposes of subsection (3) of section 16 is – | % | 8 years or more but less than 9 years | 41·20 | 9 years or more but less than 10 years | 45·40 | 10 years or more but less than 11 years | 49·60 | 11 years or more but less than 12 years | 53·80 | 12 years or more but less than 13 years | 58·00 | 13 years or more but less than 14 years | 59·50 | 14 years or more but less than 15 years | 61·00 | 15 years or more but less than 16 years | 62·50 | 16 years or more but less than 17 years | 64·00 | 17 years or more but less than 18 years | 65·50 | 18 years or more but less than 19 years | 67·00 | 19 years or more but less than 20 years | 68·50 | 20 years or more | 70·00 |
SCHEDULE 3 - Conversion Factors for Purposes of Section 22A[Schedule 3 Inserted by No. 105 of 1985, s. 25 ]
PART IFor the purposes of section 22A , the conversion factor for determining a lump sum payment under that section for each $1 converted by a person referred to in that section shall, subject to Part II , be as follows:
Age of person on 30th April 1986 | Conversion factor | Less than | 65 | 8·0 | 65 | 8·0 | 66 | 7·8 | 67 | 7·6 | 68 | 7·5 | 69 | 7·4 | 70 | 7·3 | 71 | 7·16 | 72 | 7·02 | 73 | 6·88 | 74 | 6·74 | 75 | 6·6 | 76 | 6·18 | 77 | 5·76 | 78 | 5·34 | 79 | 4·92 | 80 | 4·5 | 81 | 4·14 | 82 | 3·78 | 83 | 3·42 | 84 | 3·06 | 85 | 2·7 | 86 | 2·61 | 87 | 2·52 | 88 | 2·43 | 89 | 2·34 | 90 | 2·25 | 91 | 2·16 | 92 | 2·07 | 93 | 1·98 | 94 | 1·89 | 95 | 1·8 | 96 | 1·71 | 97 | 1·62 | 98 | 1·53 | 99 | 1·44 | 100 | 1·35 | Over | 100 | 1·35 |
PART IIThe factor relating to any age is to be reduced by 1/12th of the difference between that factor and the next following factor for each complete month by which the age of the person entitled exceeds that for which a factor is given.
SCHEDULE 4 - Conversion Factors for Purposes of Section 22B[Schedule 4 Inserted by No. 105 of 1985, s. 25 ]
PART IFor the purposes of section 22B , the conversion factor for determining a lump sum payment under that section for each $1 converted by a person referred to in that section shall, subject to Part II , be as follows:
Age of person on expiration of period of 28 days referred to in section 22B (1) | Conversion factor | Less than | 65 | 10 | 65 | 10 | 66 | 9·8 | 67 | 9·6 | 68 | 9·4 | 69 | 9·2 | 70 | 9 | 71 | 8·6 | 72 | 8·2 | 73 | 7·8 | 74 | 7·4 | 75 | 7 | 76 | 6·6 | 77 | 6·2 | 78 | 5·8 | 79 | 5·4 | 80 | 5 | 81 | 4·6 | 82 | 4·2 | 83 | 3·8 | 84 | 3·4 | 85 | 3 | 86 | 2·9 | 87 | 2·8 | 88 | 2·7 | 89 | 2·6 | 90 | 2·5 | 91 | 2·4 | 92 | 2·3 | 93 | 2·2 | 94 | 2·1 | 95 | 2 | 96 | 1·9 | 97 | 1·8 | 98 | 1·7 | 99 | 1·6 | 100 | 1·5 | Over | 100 | 1·5 |
PART IIThe factor relating to any age is to be reduced by 1/12th of the difference between that factor and the next following factor for each complete month by which the age of the person entitled exceeds that for which a factor is given.
SCHEDULE 5 - Conversion Factors for Purposes of Section 22C[Schedule 5 Inserted by No. 105 of 1985, s. 25 ]
PART IFor the purposes of section 22C , the conversion factor for determining a lump sum payment under that section for each $1 converted by a child shall, subject to Part II , be as follows:
Age of child on expiration of period of 28 days referred to in section 22C (3) | Conversion factor | 0 | 11·15 | 1 | 10·79 | 2 | 10·41 | 3 | 10 | 4 | 9·57 | 5 | 9·12 | 6 | 8·63 | 7 | 8·12 | 8 | 7·58 | 9 | 7 | 10 | 6·39 | 11 | 5·75 | 12 | 5·06 | 13 | 4·34 | 14 | 3·57 | 15 | 2·75 | 16 | 1·89 | 17 | 0·97 | 18 | 0 |
PART IIThe factor relating to any age is to be reduced by 1/12th of the difference between that factor and the next following factor for each complete month by which the age of the child entitled exceeds that for which a factor is given.