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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parliamentary Contributory
Superannuation Amendment (Criminal
Charges and Convictions) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Parliamentary Contributory
Superannuation Act 1971 No 53 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Parliamentary Contributory
Superannuation Amendment (Criminal
Charges and Convictions) Bill 2006
Act No , 2006
An Act to amend the Parliamentary Contributory Superannuation Act 1971 with
respect to the suspension or termination of superannuation entitlements of former
members who are charged with or convicted of serious offences.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Parliamentary Contributory Superannuation Amendment (Criminal Charges
Clause 1 and Convictions) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Parliamentary Contributory Superannuation
Amendment (Criminal Charges and Convictions) Act 2006.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsection (2).
(2) Section 4 is taken to have commenced on 15 November 2006.
3 Amendment of Parliamentary Contributory Superannuation Act 1971
No 53
The Parliamentary Contributory Superannuation Act 1971 is amended
as set out in Schedule 1.
4 Approval of amendments by Parliamentary Remuneration Tribunal not
required
Section 4 of the Parliamentary Contributory Superannuation Act 1971
does not apply to or in respect of this Act.
Page 2
Parliamentary Contributory Superannuation Amendment (Criminal Charges
and Convictions) Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 19AA
Insert after section 19:
19AA Person ceasing to be a member while criminal proceedings
pending
(1) This section applies in respect of a person who ceases to be a
member while proceedings for a serious offence are pending
against the person.
(2) Any entitlement of such a person as a former member to receive
a pension under this Part is suspended while proceedings for the
serious offence are pending against the former member.
(3) If the finalisation of the proceedings results in the person not
being convicted of any serious offence, the suspension of pension
entitlement is lifted and the person's entitlement to a pension is
reinstated.
(4) If the finalisation of the proceedings results in the person being
convicted of a serious offence:
(a) the person ceases to have any entitlement to receive a
pension under this Part, and
(b) the person's net contributions are to be refunded to him or
her.
(5) If proceedings for a serious offence cease to be pending before
the proceedings are finalised, the suspension of pension
entitlement is lifted and the person's entitlement to a pension is
reinstated.
(6) If a person's entitlement to a pension is reinstated following the
lifting of a suspension:
(a) the reinstatement has effect from immediately before the
suspension began and as if the entitlement had not been
suspended, and
(b) an election may be made under section 20 (2) within
3 months after the entitlement is reinstated.
Page 3
Parliamentary Contributory Superannuation Amendment (Criminal Charges
and Convictions) Bill 2006
Schedule 1 Amendments
(7) While a former member's entitlement to a pension is suspended
under this section, the trustees may authorise payment to the
former member from the Fund of an advance on the refund of the
former member's net contributions under subsection (4) (b).
However, if the suspension of the former member's entitlement
to a pension is lifted, any such advance is to be repaid or recouped
by the trustees by deduction from any pension or other payment
due to the former member on the lifting of the suspension.
(8) Criminal proceedings are not considered finalised for the
purposes of this section until the end of the appeal period and
until any appeal against conviction or acquittal, lodged within the
appeal period, has been determined or has lapsed or been
withdrawn. The appeal period is the period within which an
appeal may be lodged, but does not include any extension of a
period that a court may grant.
(9) This section extends to proceedings taken outside New South
Wales.
(10) In this section:
net contributions means the amounts deducted under this Act or
the former Act from salary paid to the person less any amount
previously refunded to him or her (under this section or
otherwise) and less the amount of any reduction resulting from a
determination under section 26D.
serious offence means:
(a) an offence committed in New South Wales that is
punishable by imprisonment for life or for a term of 5 years
or more or an offence committed elsewhere than in New
South Wales that, if committed in New South Wales,
would be an offence so punishable, or
(b) an infamous crime.
[2] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Parliamentary Contributory Superannuation Amendment
(Criminal Charges and Convictions) Act 2006
Page 4
Parliamentary Contributory Superannuation Amendment (Criminal Charges
and Convictions) Bill 2006
Amendments Schedule 1
[3] Schedule 1, clause 11
Insert after clause 10:
11 Criminal charges and convictions--section 19AA
(1) Section 19AA extends to a person who ceased to be a member
before the commencement of that section (and to any entitlement
of the person to a pension that accrued before that
commencement), but only if proceedings for a serious offence
were pending against the person:
(a) when the person ceased to be a member, and
(b) on that commencement.
(2) If the person's entitlement to such a pension is suspended:
(a) any election under section 20 (Right to convert pension to
lump sum entitlement) in respect of the pension is of no
effect and is taken never to have been made, and
(b) any lump sum payment made under this Part pursuant to
any such election is to be repaid to the Fund.
Page 5
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