New South Wales Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 - SECT 19

19 Members’ superannuation benefit

(1) Subject to this Act, a person who has been entitled to salary (either after or partly before and partly after the commencement of this Act) in respect of an aggregate period of 7 years or more shall, on ceasing to be a member and to be entitled to salary, be entitled to be paid out of the Fund until death an annual pension at the rate ascertained in accordance with the formula:

"A" is an amount calculated at the rate equal to the aggregate of 48.8 per cent of current basic salary and, in respect of each month during which the person was entitled to receive salary as a member exceeding in the aggregate 7 years, 0.2 per cent of current basic salary, or the rate of 80 per cent of current basic salary, whichever is the lesser,
"B" is the total salary received by that person, and
"C" is the total basic salary in respect of that person.

(2) For the purpose of calculating any instalment of pension payable under subsection (1) at any particular time, "current basic salary" means:

(a) where the person entitled to the instalment last served as a member in the Legislative Council-the salary payable at that particular time to a member of the Legislative Council (other than a Minister of the Crown or a recognised office holder within the meaning of the Parliamentary Remuneration Tribunal Act 1975 and other than a recognised office holder within the meaning of the Parliamentary Remuneration Act 1989 ) and expressed at an annual rate, or

(b) where the person entitled to the instalment last served as a member in the Legislative Assembly-the salary payable at that particular time to a member of the Legislative Assembly (other than a Minister of the Crown or a recognised office holder within the meaning of the Parliamentary Remuneration Tribunal Act 1975 and other than a recognised office holder within the meaning of the Parliamentary Remuneration Act 1989 ) and expressed at an annual rate.

(3) For the purpose of subsection (1), the total salary received by a person shall not include any salary which that person received in respect of any period before the first day of January, one thousand nine hundred and fifty-two.

(4) For the purpose of subsection (1), the total basic salary of a person who is entitled to a pension and who last served in the Legislative Council is the sum of the following amounts:

(a) the total amount (if any) that, during any period (not being a period before 1 January 1952) during which that person was entitled to salary, was payable from time to time as salary or allowances to a member of the Legislative Council under section 17G of the Constitution Act 1902 other than:

(i) any expense allowance or living away from home allowance, or

(ii) any amount payable as an allowance to that member only in his or her capacity as the person recognised as the principal representative of the members of the Legislative Council not being supporters of the Government or as salary to that member only in his or her capacity as the President, or Chair of Committees, of the Legislative Council, and

(b) the total amount (if any) that, during any period during which that person was entitled to salary, was payable from time to time as remuneration under the Parliamentary Remuneration Tribunal Act 1975 to a member of the Legislative Council (other than a Minister of the Crown or a recognised office holder within the meaning of that Act), excluding any portion thereof specified under section 7A of that Act as being in the nature of an allowance for expenses, and

(c) the total amount (if any) that, during any period during which that person was entitled to salary, was payable from time to time as remuneration by way of basic salary or additional salary under the Parliamentary Remuneration Act 1989 to a member of the Legislative Council (other than a recognised office holder within the meaning of that Act).

(4A) For the purpose of subsection (1), the total basic salary of a person who is entitled to a pension and who last served in the Legislative Assembly is the sum of the following amounts:

(a) the total amount (if any) that, during any period (not being a period before 1 January 1952) during which that person was entitled to salary, was payable from time to time as salary or allowances to a member of the Legislative Assembly under section 28 of the Constitution Act 1902 , other than any electoral allowance, special expenses allowance or additional allowance, and

(b) the total amount (if any) that, during any period during which that person was entitled to salary, was payable from time to time as remuneration under the Parliamentary Remuneration Tribunal Act 1975 to a member of the Legislative Assembly (other than a Minister of the Crown or a recognised office holder within the meaning of that Act), excluding any portion thereof specified under section 7A of that Act as being in the nature of an allowance for electoral or other expenses, and

(c) the total amount (if any) that, during any period during which that person was entitled to salary, was payable from time to time as remuneration by way of basic salary or additional salary under the Parliamentary Remuneration Act 1989 to a member of the Legislative Assembly (other than a recognised office holder within the meaning of that Act).

(5) Notwithstanding anything contained in this section, other than this subsection, where the annual pension of a former member who last served in the Legislative Council would, but for this subsection, be greater than his or her entitlement to the annual pension ascertained on the basis of this subsection, he or she shall be entitled to an annual pension at the rate to which he or she would have been entitled:

(a) had he or she been a member of the Legislative Assembly during the whole of the period he or she was a member of the Legislative Council,

(b) had he or she held an office in the Legislative Assembly of the like nature to that which he or she held in the Legislative Council (the office of Vice-President of the Executive Council being regarded for the purpose of this paragraph as the office of a Minister) for any period during which he or she held such an office in the Legislative Council, and

(c) had his or her total salary included, if he or she held at any time the office of Leader or Deputy Leader of the Government in the Legislative Council, any salary which he or she was entitled to receive as the holder of that office.

(6) If the trustees have made a determination under section 26D in relation to a benefit provided by this section, the amount of the benefit is reduced by the amount specified in the trustees’ determination.

(8) Where by the operation of section 13A of the Constitution Act 1902 the seat of a member becomes vacant, the member shall not be entitled to a pension under this Act but shall be entitled to have refunded to him or her the amounts deducted under this Act or the former Act from salary paid to him or her less any amount previously refunded to him or her under this subsection or under the former Act and the amount of any reduction resulting from a determination under section 26D.

(9) Notwithstanding anything contained in this Part, other than this subsection, where a former member has served in both the Legislative Council and the Legislative Assembly and the trustees are satisfied that the annual pension (in this subsection referred to as "basic annual pension") of that former member is less than the annual pension to which he or she would have been entitled under this Part, other than this subsection, had that former member not served in the Legislative Council, the trustees may in their absolute discretion direct payment to that former member of an annual pension, additional to his or her basic annual pension, of such amount as the trustees think fit, but so that the aggregate of the amount of the basic annual pension and the amount of the additional annual pension under this subsection does not exceed the annual pension that would have been payable to him or her under this Part had that former member not served in the Legislative Council.