Commonwealth Numbered Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1978 No. 41, 1978 - SECT 9

9. (1) Section 18 of the Principal Act is amended-

   (a)  by inserting after sub-section (1) the following sub-sections:

''(1A) Where the period of service of a member is not less than 12 years, the
benefit shall be a retiring allowance during his life-time at the rate
applicable in accordance with the scale set out in sub-section (6).

''(1B) Where the period of service of a member is less than 12 years but he
has, on each of at least 4 occasions (including occasions before the
commencement of this sub-section), ceased to be a member upon the dissolution
or expiration of the House of which he was then a member or upon the
expiration of his term of office, the benefit shall be-

   (a)  if his period of service is less than 8 years-a retiring allowance
        during his life-time at the rate applicable in accordance with the
        scale set out in sub-section (6) in the case of a member whose period
        of service is 8 years; or

   (b)  in any other case-a retiring allowance during his life-time at the
        rate applicable in accordance with the scale set out in sub-section
        (6).'';

   (b)  by inserting in sub-section (2) ''(other than a member to whom
sub-section (1A) or (1B) applies)'' after ''member'' (first occuring);

   (c)  by inserting after sub-section (2) the following sub-section:

''(2A) For the purposes of sub-section (1B) and paragraph (aa) of sub-section
(2), every senator whose term of office was 6 years shall, if at the
expiration of 3 years after the commencement of that term of office that term
of office had not expired, be deemed (in addition to his having ceased to be a
senator at the actual expiration of that term of office if he continued in
office for the whole of that term) to have at the expiration of that period of
3 years ceased to be a senator by reason of the expiration of that term of
office.'';

(d) by inserting in sub-section (3) ''sub-section (1B) or'' after ''purposes
of''; and

   (e)  by omitting sub-sections (4), (5) and (6) and substituting the
        following sub-sections:

''(4) In the case of a member (other than a member to whom sub-section (1A) or
(1B) applies) who retires voluntarily, the benefit shall be a refund of his
contributions together with a payment of one-half of the Commonwealth
supplement.

''(6) The rate of retiring allowance payable to a person under this section is
such percentage of the rate of the parliamentary allowance for the time being
determined by the Remuneration Tribunal in lieu of the rate specified in
sub-section (1) of section 4, or sub-section (1) of section 5, whichever is
appropriate, of the Parliamentary Allowances Act 1952 as is applicable in
accordance with the following scale:
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Number of complete years in period
                 of service of person       Percentage of Parliamentary

to be paid as retiring allowance
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                           8                                50.00
                           9                                52.50
                          10                                55.00
                          11                                57.50
                          12                                60.00
                          13                                62.50
                          14                                65.00
                          15                                67.50
                          16                                70.00
                          17                                72.50
                      18 or more                            75.00
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''(7) Where-

   (a)  the number of complete years in the period of service of a member is
        not less than 8 but less than 18; and

   (b)  that period of service includes, apart from those complete years, a
        number of complete days,

the percentage of the rate of the parliamentary allowance applicable in
relation to the member in accordance with the scale set out in sub-section (6)
shall be increased by an additional percentage (calculated to 3 decimal
places) of that rate ascertained by multiplying the number of those complete
days or 364, whichever is the less, by .00685.

''(8) Where the additional percentage ascertained in accordance with
sub-section (7) in relation to a member would, if it were calculated to 4
decimal places, end with a number greater than 4, that additional percentage
shall be taken to be the percentage calculated to 3 decimal places in
accordance with that sub-section and increased by 0.001.

''(9) Where the period of service of a member includes-

   (a)  a period or periods during which the member served as an office holder
        after the commencement of this sub-section; or

   (b)  a period or periods during which the member served as an office holder
        before the commencement of this sub-section and which the member
        elected under section 14 to have taken into account for the purposes
        of this sub-section,

or both a period or periods referred to in paragraph (a) and a period or
periods referred to in paragraph (b), the percentage of the rate of the
parliamentary allowance applicable in relation to the member under this
section for the purpose of calculating the rate of the retiring allowance
payable to the member shall, in lieu of the percentage that would, but for
this sub-section, be applicable, be the percentage (calculated to 3 decimal
places) ascertained in accordance with the formula p(x+y+z)
----------, where-
x

p is the percentage ascertained in accordance with sub-sections (6) and (7)
before the application of sub-section (8);

x is the total of the amounts of the parliamentary allowance paid, or accrued
due, to the member in respect of his period of service;

y is the total of the amounts of the salary paid, or accrued due, to the
member as an office holder in respect of any period or periods of service as
an office holder after the commencement of this sub-section; and

z is the total of the amounts of the salary paid, or accrued due, to the
member as an office holder in respect of any period or periods of service as
an office holder before the commencement of this sub-section, being a period
or periods of service that the member has elected under section 14 to have
taken into account for the purposes of this sub-section.

''(10) Where the percentage ascertained in accordance with sub-section (9) in
relation to a member 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.

''(11) A reference in this section to a member includes a reference to any
person who is in receipt of a parliamentary allowance.''.

(2) The amendments made by sub-section (1) apply only to or in respect of
persons who-

   (a)  are members at the date of commencement of this Act; or

   (b)  become members on or after that date (whether or not they had at any
        previous time been members).