New South Wales Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 - SECT 22A

22A Contributors not entitled to pension

(1) In this section:
"refund of contributions", in relation to a person who ceases to be a member, means a refund of that person’s contributions and any contributions made by the person under the former Act less any amount (not being an amount which that person has contracted to repay to the Fund pursuant to section 24) previously paid to the person under this Act or under the former Act as a refund of contributions.
"supplementary benefit", in relation to a person who ceases to be a member, means the amount that is two and one-third times:

(a) in the case of a person who has been entitled to salary for an aggregate period of less than 7 years-the amount of the refund of contributions in relation to that person, or

(b) in any other case-the amount that would be the amount of the refund of contributions in relation to that person if the last 7 years during which the person was entitled to salary was the only period during which the person was entitled to salary.

(2) A person who ceases to be a member after the date of assent to the Parliamentary Contributory Superannuation (Amendment) Act 1981 , otherwise than by reason of death or by reason of the operation of section 13A of the Constitution Act 1902 , and who is not entitled to a pension under this Part shall be entitled to a refund of contributions and:

(a) where the person ceases to be a member involuntarily within the meaning of subsection (3)-payment of the supplementary benefit, or

(b) in any other case-payment of one-half of the supplementary benefit.

(3) For the purposes of subsection (2), a person ceases to be a member involuntarily if:

(a) notwithstanding anything in this subsection, the person has attained the age of 60 years at the time when the person ceases to be a member,

(b) the person ceases to be a member by reason of resignation for reasons which to the trustees appear to be good and sufficient, or

(c) the person ceases to be a member by reason of the termination, either by dissolution or expiry, of a Legislative Assembly and the person:

(i) does not become a candidate at the general election next following that termination by reason of not securing the support of the political party to which the person belonged immediately before so ceasing to be a member,

(ii) becomes a candidate but is defeated at that general election, or

(iii) does not stand for election at that general election for reasons which to the trustees appear to be good and sufficient.

(4) Where:

(a) a person ceases to be a member after the date of assent to the Parliamentary Contributory Superannuation (Amendment) Act 1981 by reason of death,

(b) that person is not survived by a widow or widower or, if that person died on or after the commencement of Schedule 1.4 [3] to the Superannuation Legislation Amendment Act 1996 , by a spouse or de facto partner, and

(c) no pension is payable under section 23B in respect of a dependent child of that person,

the personal representative of that person shall be entitled to the amount, if any, by which the aggregate of the refund of contributions and payment of the supplementary benefit in relation to that person exceeds the aggregate of any instalments of pension and any other benefit (except a refund of contributions and any interest thereon) paid or payable under this Part in relation to that person.

(5) Notwithstanding any other provision of this section, any payment under this section shall first be applied by the trustees in or towards paying into the Fund the outstanding amount of any repayment under section 24 by the person to whom or in respect of whom that payment is required to be made.

(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.