New South Wales Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 - SECT 19AA

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.

(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any appeal against conviction or acquittal, lodged within the appeal period, has been determined or has lapsed or been withdrawn.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.