New South Wales Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 - SECT 26

26 Suspension of pension where another parliamentary pension received

(1) Where any person to whom a pension would be payable under this Part but for the provisions of this section, or in respect of whom payment of a pension has been deferred under this Part, has become entitled to payment of any pension by reason of having been a member or being the spouse or de facto partner of a member of the Parliament of the Commonwealth or of any other State, that person’s right to payment of a pension under this Part shall be suspended while that person is so entitled.

(2) Notwithstanding subsection (1), where a person has received a pension or other benefit pursuant to an entitlement referred to in subsection (1), the trustees may in their absolute discretion direct payment to that person of an annual pension of such amount as the trustees think fit, but so that the aggregate of the amount of the annual pension so directed to be paid and the amount of the annual pension, or the annual pension equivalent of the other benefit, that the person has received pursuant to that entitlement does not exceed the annual pension that would be payable under this Part but for the provisions of this section.

(3) A direction given by the trustees under subsection (2) may be amended or revoked at any time.

(4) This section does not apply so as to suspend a person’s rights under this Part on account of the person’s entitlement to a pension under the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth if the person (or the person’s spouse or de facto partner, in a case where the entitlement concerned is that of a spouse or de facto partner):

(a) made an election under section 20A (1AC) of that Act, or

(b) became a federal member on or after 1 July 1994.

(5) This section does not apply so as to suspend a person’s rights under this Part on account of the person’s entitlement to a retiring allowance under the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth if the person pays an amount under section 26B in respect of the commuted value of the retiring allowance.