Remuneration Tribunal Determination 2011/12 - Members of Parliament - Entitlements

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Determination 2011/12:
Members of Parliament - Entitlements
(i)        Pursuant to subsections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal has inquired into the remuneration and allowances to be paid to members of parliament and holders of public office, and other matters significantly related thereto, and determines as set out below.
(ii)        This Determination takes effect on and from the day following the day it is registered in the Federal Register of Legislative Instruments unless otherwise specified.
1.1       In this part, Determination Number 18 of 2006 (as amended) is referred to as the Principal Determination.
1.2       The Principal Determination is amended by deleting clauses 8.6 and 8.7 and replacing them with the following:
8.6     A senator or member specified in Clause 8.7 who retires involuntarily from the Parliament will be paid a Resettlement Allowance, under the conditions in Clause 8.8, equal to 12 weeks of the basic parliamentary salary.  ‘Retires involuntarily’ means retirement through:
(i)  electing not to stand for re-election following loss of party                            endorsement, for reasons other than misconduct; or
         (ii)  defeat at an election (including defeat at an election where he or                    she has campaigned to be elected to represent a different                                   electoral division or to the other House of the Parliament).
8.7     Subject to clause 8.6, members and senators eligible for a Resettlement Allowance are:
(a)      those first elected before 9 October 2004, whose retiring allowance under the Parliamentary Contributory Superannuation Act 1948  is subject to deferral under that Act when he or she ceases to be a Member of the Parliament; or
(b)      those first elected on or after 9 October 2004, who declare in writing to the Clerk of the relevant House of Parliament the intention to seek employment after leaving Parliament.
1.3     Clause 3.2 will take effect from 27 June 2011.  However, the Tribunal determines that where a Senator, whose term expires on 30 June 2011, has had a Resettlement Allowance approved under the terms of the Principal Determination prior to 27 June 2011, that approval will also constitute an approval under the amended provisions.
Signed this 27th day of June 2011.

John C Conde AO
John B Prescott AC
Ms Jillian Segal AM


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