New South Wales Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 - SECT 23B

23B Pension for children

(1) In this section:
"child" means a child:

(a) who has not attained the age of 18 years, or

(b) who has attained the age of 18 years but has not attained the age of 25 years and who is receiving full-time education from a school, college or university approved by the trustees.

"current basic salary" means:

(a) in relation to a deceased member or former member who last served as a member in the Legislative Council-the salary payable from time to 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) in relation to a deceased member or former member who last served as a member in the Legislative Assembly-the salary payable from time to 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.

"dependent child of a deceased member or former member" means:

(a) a child of a deceased member or former member, or

(b) a child of a surviving spouse or de facto partner, or any former spouse or de facto partner, of the deceased member or former member,

being:

(c) a child who was, in the opinion of the trustees, wholly or substantially dependent on the deceased member immediately before his or her death or, as the case may be, wholly or substantially dependent on the deceased former member immediately before he or she last ceased to be a member, or

(d) a child of the deceased member who was conceived before but born after his or her death or, as the case may be, a child of the deceased former member who was conceived before but born after he or she last ceased to be a member.

(2) On the death of:

(a) a member, or

(b) a former member who immediately before his or her death was receiving, or was entitled to receive, a pension under this Part,

there shall be payable from the Fund in respect of each dependent child of the deceased member or former member an annual pension at the rate of:

(c) where the deceased member or former member is not survived by a spouse or de facto partner-10 per cent of current basic salary,

(d) subject to paragraph (e), where the deceased member or former member is survived by a spouse or de facto partner-5 per cent of current basic salary, or

(e) where the deceased member or former member is survived by a spouse or de facto partner but that spouse or de facto partner dies-10 per cent of current basic salary.

(3) A pension payable under this section in respect of a dependent child shall cease on his or her death or on the day he or she ceases to be a child.

(4) For the purposes of subsection (2), a former member shall be deemed to have been entitled to receive a pension under this Part at any time if he or she would, but for the provisions of section 25 (2) or 26 (1), have been entitled to receive a pension under this Part at that time.

(5) A pension payable under this section in respect of a dependent child of a deceased member or former member continues to be payable notwithstanding that the surviving spouse or de facto partner, if any, of the deceased member or former member remarries.

(6) A pension payable under this section in respect of a dependent child of a deceased member or former member shall be paid to:

(a) the surviving spouse or de facto partner, if any, of the deceased member or former member,

(b) the guardian of the dependent child,

(c) the dependent child, or

(d) some other person,

as the trustees in their discretion direct.

(7) A pension is not payable under this section in respect of a dependent child of a deceased member or former member if:

(a) in the case of a deceased member-he or she died before the date of assent to the Parliamentary Contributory Superannuation (Amendment) Act 1981 , or

(b) in the case of a deceased former member-he or she last ceased to be a member before that date.