PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981
PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 1. Short title.
PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981 No. 37 of 1981 An Act to amend the Parliamentary Contributory Superannuation Act 1948 BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1) This Act may be cited as the Parliamentary Contributory Superannuation Amendment Act 1981.*1* (2) The Parliamentary Contributory Superannuation Act 1948*2* is in this Act referred to as the Principal Act. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 2. Commencement
2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent.*1* (2) Sections 3 and 6 shall be deemed to have come into operation on 1 July 1980. (3) Sub-sections 10 (2) and 11 (2) and section 12 shall come into operation on a date to be fixed by Proclamation. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 3. Interpretation
3. Section 4 of the Principal Act is amended by omitting the definition of "retiring allowance" in sub-section (1) and substituting the following definition: " 'retiring allowance', in relation to a person, means the retiring allowance payable to the person under this Act and, in the case of a person who ceased or ceases to be a member after 30 June 1980, includes additional retiring allowance (if any) payable to the person under sub-section 18 (9);". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 4.
4. Section 8A of the Principal Act is repealed and the following section substituted: Delegation "9. (1) The Trust may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a trustee any of its powers or functions under this Act, other than this power of delegation. "(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed, as the case may be, by the Trust. "(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Trust.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 5. Contribution by members
5. Section 13 of the Principal Act is amended - (a) by omitting from sub-section (1A) "An office holder" and substituting "Subject to sub-section (1B), an office holder"; and (b) by inserting after sub-section (1A) the following sub-sections: "(1B) If, at any time, an office holder would, if he ceased to be entitled to a parliamentary allowance at that time, be entitled to additional retiring allowance under sub-section 18 (9) the rate of which is - (a) in a case where he would be entitled to additional retiring allowance in respect of one office only - 75% of the rate, at that time, at which salary is paid in respect of that office; or (b) in a case where he would be entitled to additional retiring allowance in respect of 2 or more offices - 75% of the rate that is the highest rate, at that time, at which salary is paid in respect of either or any of those offices, then, so long as he continues to be an office holder who would, if he ceased to be entitled to a parliamentary allowance, be entitled to additional retiring allowance at that rate, sub-section (1A) applies to him as if the reference in that sub-section to 11 1/2% were a reference to 5 3/4%. "(1C) For the purpose of ascertaining the Commonwealth supplement in relation to a person who paid contributions in accordance with sub-section (1A) as that sub-section has effect by virtue of sub-section (1B), he shall be deemed to have paid (in addition to the contributions that he has paid under sub-section (1A) as it so has effect and any other contributions that he has paid) further contributions equal to the contributions that he paid under that
Back to Top
sub-section.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 6. Benefits to members
6. Section 18 of the Principal Act is amended by omitting sub-sections (9) and (10) and substituting the following sub-sections: "(9) Where the period of service of a member who became entitled to a retiring allowance after 30 June 1980 includes a period or periods during which the member served as an office-holder, the member is entitled, in respect of his service as the holder of each office by virtue of which he was an office-holder, to additional retiring allowance in respect of his service in that office at a rate equal to such percentage of the rate, for the time being, at which salary is paid in respect of that office as is determined in accordance with sub-section (10) to be the relevant percentage in respect of the member's service in that office. "(10) For the purposes of sub-section (9), the relevant percentage in respect of the service of a member in a particular office is - (a) if the period of service of the member in that office is less than a complete year - the percentage, calculated to 3 decimal places, that is obtained by multiplying 6.25% by the number of days in that period of service and dividing the product by 365; (b) if the period of service of the member in that office is a complete year - 6.25%; (c) if the period of service of the member in that office is a number of complete years - the percentage obtained by multiplying 6.25% by the number of complete years in that period of service; or (d) if the period of service of the member in that office is a complete year or a number of complete years and also, apart from that complete year or those complete years, a number of days - the percentage obtained by adding together - (i) the percentage ascertained in accordance with paragraph (b) or (c) in respect of the complete year or the complete years, as the case requires; and (ii) the percentage, calculated to three decimal places, that is obtained by multiplying 6.25% by the number of the days and dividing the product by 365. "(10A) Where the relevant percentage ascertained in accordance with sub-section (10) in relation to the service of a member in a particular office would, if it were calculated to 4 decimal places, end with a number greater than 4, that percentage shall be taken to be the percentage calculated to 3 decimal places in accordance with that sub-section and increased by 0.001. "(10B) Nothing in sub-section (9) shall be taken to entitle a person to additional retiring allowance at a rate that exceeds - (a) in a case where the person is entitled to additional retiring allowance in respect of one office only - 75% of the rate, for the time being, at which salary is paid in respect of that office; or (b) in a case where the person is entitled to additional retiring allowance in respect of 2 or more offices - 75% of the rate that is the highest rate, for the time being, at which salary is paid in respect of either or any of those offices.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 7. Certain members who retire by reason of ill-health deemed to have had 8 years' service
7. Section 18A of the Principal Act is amended by inserting after sub-section (5) the following sub-section: "(5A) In sub-section (5), references to the Parliament of a State shall be construed as including references to the Legislative Assembly of the Northern Territory and references to the law of a State providing for pensions for members of the Parliament of the State shall be construed as including references to the law of the Northern Territory providing for pensions for members of the Legislative Assembly of the Northern Territory.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 8. Commutation of retiring allowance
8. Section 18B of the Principal Act is amended - (a) by omitting from sub-section (3) "a person to whom this section applies may, within 3 months after becoming entitled to a retiring allowance" and substituting "a person may, not earlier than 3 months before, and not later than 3 months after, becoming a person to whom this section applies"; and
Back to Top
(b) by adding at the end thereof the following sub-sections: "(9) Notwithstanding anything contained in this section, where the Trust is of the opinion that a person who - (a) has become entitled to a retiring allowance; and (b) has made an election under sub-section (3) to convert the whole or a percentage of his retiring allowance to a lump sum payment in accordance with that sub-section, would, within 12 months after having become entitled to that retiring allowance, be likely to become a member again, the Trust shall direct that the operation of the election be deferred for such period, not exceeding 12 months, as the Trust determines. "(10) The Trust may at any time during the period of deferment of the operation of an election made under sub-section (3) reduce the period of deferment. "(11) During the period of deferment of the operation of an election made under sub-section (3) by a person, retiring allowance shall, subject to sub-section 20 (3), be paid to the person as if the election had not been made. "(12) Where, during the period of deferment of the operation of an election made under sub-section (3) by a person, the person becomes a member again, the election shall, for the purposes of this Act, be deemed never to have been made. "(13) Where, during the period of deferment of the operation of an election made under sub-section (3) by a person, the person does not become a member again, the lump sum payment that would been payable to him in accordance with sub-section (3) but for the deferment shall be paid to him, but, in determining the amount by which the amount of the lump sum payment referred to in sub-section (4) is to be reduced in accordance with paragraph (5A) (b) or (6) (b), whichever is applicable, payments of retiring allowance made to him after the election was made shall be treated as having been made to him before the election was made. "(14) Where, during the period of deferment of the operation of an election made under sub-section (3) by a person, the person dies, the lump sum payment that would have been payable to him in accordance with sub-section (3) but for the deferment shall be paid to his personal representative, but, in determining the amount by which the amount of the lump sum payment referred to in sub-section (4) is to be reduced in accordance with paragraph (5A) (b) or (6) (b), whichever is applicable, payments of retiring allowance made to the person after the election was made shall be treated as having been made to him before the election was made.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 9. Re-election to the Parliament
9. Section 20 of the Principal Act is amended by omitting sub-section (3A) and substituting the following sub-sections: "(3A) Where - (a) a person who has elected (including a person who has elected on more than one occasion) to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he was entitled again becomes a member; and (b) the person subsequently becomes entitled to a retiring allowance, the annual amount of the last-mentioned retiring allowance shall be reduced by - (c) if the person previously elected on more than one occasion to convert into a lump sum payment the whole or a percentage of the retiring allowance to which he was entitled - an amount equal to the total of the annual amounts by which the respective retiring allowances to which he was previously entitled were reduced by reason of the elections; or (d) if the person previously elected on only one occasion to convert into a lump sum payment the whole or a percentage of the retiring allowance to which he was entitled - the annual amount by which that retiring allowance was reduced by reason of the election. "(3B) Where a person has elected to convert into a lump sum payment the whole of a retiring allowance to which he was entitled, the retiring allowance shall be deemed for the purposes of sub-section (3A) to have been reduced by the annual amount of that retiring allowance.
Back to Top
"(3C) A reference in sub-section (3A) or (3B) to a retiring allowance to which a person was entitled shall be construed as a reference to the retiring allowance to which he was entitled at the time when he became entitled to that retiring allowance.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 10. Period of service as member of State Parliament or Northern Territory
Legislative Assembly to be taken into account in certain circumstances 10. (1) Section 20A of the Principal Act is amended - (a) by ommitting from sub-section (1) "The" and substituting "Subject to sub-section (1B), the"; and (b) by inserting after sub-section (1) the following sub-sections: "(1A) References in sub-section (1) to the Parliament of a State shall be construed as including references to the Legislative Assembly of the Northern Territory. "(1B) The period of service of a member shall not be deemed to include any period after 19 October 1974 and before 23 September 1979 during which the member was a member of the Legislative Assembly of the Northern Territory unles the member elected under section 26 of the Legislative Assembly Members' Superannuation Act 1979 of the Northern Territory to have his period of service as a member of that Legislative Assembly during that period treated as membership for the purposes of that Act.". (2) Section 20A of the Principal Act is repealed. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 11. Reduction of benefits by reason of membership of State Parliament or Northern Territory Legislative Assembly
11. (1) Section 21 of the Principal Act is amended by inserting after sub-section (1) the following sub-section: "(1A) References in sub-section (1) to the Parliament of a State and to a Minister of State of a State shall be construed as including references to the Legislative Assembly of the Northern Territory and to a Minister of the Northern Territory, respectively.". (2) Section 21 of the Principal Act is amended by omitting sub-sections (1), (1A) and (2). PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 12.
12. After section 21 of the Principal Act the following section is inserted: Regulations may modify and adapt Act in its application to certain persons "21A. The regulations may provide for the modification and adaptation of the provisions of this Act in their application - (a) to or in respect of persons who are or have been members and have been or are members of a Parliament of a State or of the Legislative Assembly of the Northern Territory; and (b) to persons to whom an annuity is payable, being persons who have been or are members of the Parliament of a State or of the Legislative Assembly of the Northern Territory.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 13.
13. Before section 24 of the Principal Act the following section is inserted in Part VI: Notional salaries for certain offices "23. Where a person is entitled to additional retiring allowance under sub-section 18 (9) in respect of an office in respect of which a salary was not or is not being paid at any relevant time, whether for the reason that there was not or is not any such office at that time or for any other reason, then, for the purposes of this Act, salary shall be deemed to have been or to be paid in respect of that office at that time at such annual rate as the Minister determines.". PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 14. Formal and other minor amendments
14. The Principal Act is amended as set out in the Schedule. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 15. Members retiring after 30 June 1980 not to suffer loss
15. (1) Where - (a) a person ceased to be entitled to a parliamentary allowance after 30 June 1980 and before the commencing day; and (b) the rate at which additional retiring allowance would, but for this sub-section, have been payable to him under the Principal Act as amended by this Act at the time when he so ceased to be entitled to a parliamentary allowance is less than the rate by which the retiring allowance that, but for sub-section 18 (9) of the Principal Act, would have been payable to him under
Back to Top
the Principal Act at the time when he so ceased to be entitled to a parliamentary allowance was increased by virtue of the operation of sub-section 18 (9) of the Principal Act, section 18 of the Principal Act continues to apply to and in relation to him as if the amendments made by section 6 of this Act had not been made. (2) Where - (a) a person who was entitled to a parliamentary allowance immediately before the commencing day ceases to be entitled to that allowance on or after that day; and (b) the rate at which additional retiring allowance would, but for this sub-section, be payable under sub-section 18 (9) of the Principal Act as amended by this Act is less than the highest rate (in this sub-section referred to as the "maximum old rate") by which the retiring allowance that, but for sub-section 18 (9) of the Principal Act, would have been payable to him under the Principal Act at any time after 11 June 1978 and before the commencing day would have been increased by virtue of the operation of sub-section 18 (9) of the Principal Act if - (i) the member had retired at that time and, in the case of a member who had not attained the age of 60 years at that time, had been deemed for the purposes of Part V of the Principal Act, to have retired voluntarily at that time; (ii) the rate at which parliamentary allowance was payable to the member immediately before that time were the rate at which parliamentary allowance was payable to him on the commencing day; and (iii) the amendments made by section 6 of this Act had not been made, then, notwithstanding the amendments of the Principal Act made by section 6, the person is entitled to be paid additional retiring allowance at the maximum old rate until such time as the additional retiring allowance that would be payable to him under sub-section 18 (9) of the Principal Act as amended by this Act exceeds the maximum old rate. (3) In this section, a reference to the rate at which additional retiring allowance is, would be, or would have been, payable to a person shall, in the case of a person to whom additional retiring allowance is, would be, or would have been, payable in respect of 2 or more offices in which he has served, be construed as a reference to the aggregate of the rates at which additional retiring allowance is, would be, or would have been, payable to him in respect of both or of all those offices. (4) In this section, "commencing day" means the day on which this Act receives the Royal Assent. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SECT. 16. Commutation of retiring allowance by certain persons
16. (1) In the case of a person who ceased to be entitled to a parliamentary allowance after 30 June 1980 and before the commencing day and to whom paragraph 18B (4) (b) of the Principal Act applied, section 18B of the Principal Act has effect, and shall be deemed to have had effect, as if the lump sum payment under sub-section (3) were the specified percentage of the annual amount of the retiring allowance payable to him multiplied by 10. (2) In the case of a person who ceases to be entitled to a parliamentary allowance on or after the commencing day and on or before the expiration or dissolution of the House of Representatives next occurring after that day and to whom paragraph 18B (4) (b) of the Principal Act applies, section 18B of the Principal Act has effect as if the lump sum payment under sub-section (3) were the specified percentage of the annual amount of the retiring allowance payable to him multiplied by 10. (3) An election made by a person referred to in sub-section (1) under sub-section 18B (3) of the Principal Act on or after 1 July 1980 and before the commencing day shall, for all purposes, be taken to be an effective election for the purposes of section 18B as applying by virtue of this section. (4) In this section, "commencing day" means the day on which this Act received the Royal Assent. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1981
No. 37, 1981 - SCHEDULE
SCHEDULE Section 14 FORMAL AND OTHER MINOR AMENDMENTS ------------------------------------------------------------------------------ -- Provision Amendment ------------------------------------------------------------------------------ -- Section 2 . . . . . . . . . . Omit "1st December, 1948", substitute "1 December 1948". Sub-section 4 (1) (definition of "life policy") . . . . . . (a) Omit "(1) of section 4", substitute "4 (1)". (b) Omit "-1965".
Back to Top
Sub-section 4 (1) (definition of "parliamentary allowance") (a) Omit "or of that Act as amended" (wherever occurring). (b) Omit "(1) of section 4 or sub-section (1) of section 5", substitute "4 (1) or 5 (1)". (c) Omit "of the Act referred to in paragraph (a)", substitute "of the Parliamentary Allowances Act 1920". (d) Omit "(4) of section 4 or sub-section (5) of section 5 of the Act referred to in paragraph (b)", substitute "4 (4) or 5 (5) of the Parliamentary Allowances Act 1952". Sub-section 4 (1) (definition of "period of service") . . . Omit "(4) of section 22Q", substitute "22Q (4)". Sub-paragraph 4A (1) (b) (ii) Omit "-1973". Sub-section 5 (3) . . . . . . Omit "five", substitute "5". Paragraph 5 (3) (b) . . . . . Omit "two", substitute "2". Paragraph 5 (3) (c) . . . . . Omit "two", substitute "2". Sub-section 5 (6) . . . . . . Omit "two", substitute "2". Sub-section 6 (1) . . . . . . Omit "(b) or (c) of sub-section (3) of the last preceding section", substitute "5 (3) (b) and (c)". Sub-section 6 (2) . . . . . . Omit "the last preceding sub-section", substitute "sub-section (1)". Sub-section 8 (2) . . . . . . Omit "three", substitute "3". Sub-section 8 (4) . . . . . . Omit "four", substitute "4". Paragraph 13 (1) (a) . . . . Omit "per centum", substitute "%". Paragraph 13 (1) (b) . . . . Omit "per centum", substitute "%". Sub-section 13 (5) . . . . . Omit "twelve", substitute "12". Sub-section 14 (2) . . . . . (a) Omit "at the date of commencement of this section", substitute "on 12 June 1978". (b) Omit "(9) of section 18", substitute "18 (9)". Sub-section 14 (3) . . . . . (a) Omit "at the date of commencement of this section", substitute "on 12 June 1978". (b) Omit "on or". (c) Omit "(9) of section 18", substitute "18 (9)". Paragraph 14 (4) (a) . . . . (a) Omit "(12) or (13) of section 22", substitute "22 (12) or (13)". (b) Omit "(7) of section 19A", substitute "19A (7)". Paragraph 14 (4) (b) . . . . (a) Omit "immediately before the commencement of this section", substitute "on 11 June 1978". (b) Omit "per centum", substitute "%". Sub-section 14 (5) . . . . . Omit "(2) of section 22", substitute "22 (2)". Sub-section 14 (7) . . . . . Omit "(3) of section 18B", substitute "18B (3)". Sub-section 16 (1) . . . . . (a) Omit "two and one-third", substitute "2 1/3". (b) Omit "eight" (wherever occurring), substitute "8". Paragraph 16 (1A) (a) . . . . Omit "(a) of sub-section (4) of that section", substitute "14 (4) (a)". Paragraph 16 (1A) (b) . . . . Omit "(b) of sub-section (4) of that section", substitute "14 (4) (b)". Sub-section 16 (3) . . . . . Omit "(b) of sub-section (1) of section 13", substitute "13 (1) (b)". Sub-section 17 (2) . . . . . Omit "sixty", substitute "60". Paragraph 17 (5) (b) . . . . (a) Omit "(iv) and (v) of section 44", substitute "44 (iv) and (v)". (b) Omit "(iii) of section 45", substitute "45 (iii)". Paragraph 18 (2) (a) . . . . Omit "eight", substitute "8". Paragraph 18 (2) (aa) . . . . (a) Omit "eight" (wherever occurring), substitute "8". (b) Omit "three", substitute "3". Sub-section 18 (2A) . . . . . Omit "(aa) of sub-section (2)", substitute "(2)", (aa)". Sub-section 18 (3) . . . . . (a) Omit "fourteen", substitute "14". (b) Omit "(aa) of sub-section (2)", substitute "(2) (aa)". Sub-section 18 (6) . . . . . (a) Omit "(1) of section 4", substitute "4 (1)".