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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Parliamentary Superannuation Legislation
Amendment Bill 1999
A Bill for
An Act to amend the --
· Parliamentary Superannuation Act 1970;
· Salaries and Allowances Act 1975; and
· Financial Administration and Audit Act 1985,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
81--1
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Parliamentary Superannuation
Legislation Amendment Act 1999.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Parliamentary Superannuation Legislation Amendment Bill 1999
Parliamentary Superannuation Act 1970 amended Part 2
s. 3
Part 2 -- Parliamentary Superannuation Act 1970
amended
3. The Act amended by this Part
The amendments in this Part are to the Parliamentary
5 Superannuation Act 1970*.
[* Reprinted as at 25 September 1991.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 183.]
4. Long title replaced
10 The long title is repealed and the following long title is inserted
instead --
"
An Act relating to superannuation for members of
Parliament and for related purposes.
15 ".
5. Section 5 amended
(1) Section 5(1) is amended as follows:
(a) by inserting after the definition of "Board" the following
definition --
20 "
"closing day" means the day on which the
Parliamentary Superannuation Legislation
Amendment Act 1999 comes into operation;
";
25 (b) in the definition of "scheme" by inserting after "this
Act" --
" other than section 29 ";
(c) by deleting the full stop after the definition of "the
repealed Act" and inserting a semicolon instead;
page 3
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 2 Parliamentary Superannuation Act 1970 amended
s. 5
(d) by inserting after the definition of "the repealed Act" the
following definition --
"
"Tribunal" means the Salaries and Allowances
5 Tribunal established by section 5 of the Salaries
and Allowances Act 1975.
".
(2) Section 5(4) is repealed and the following subsections are
inserted instead --
10 "
(4) Without limiting the application of section 19A, a
reference in this Act to a widow of a member or former
member includes a reference to a person of the
opposite sex to the member or former member who,
15 although not the legal spouse of the member or former
member at the time of his death was at that time, in the
opinion of the Board, the de facto spouse of the
member.
(5) For the purposes of this Act a relationship of the kind
20 referred to in subsection (4) is to be regarded as a
marriage that took place at the time when that person
commenced to be the de facto spouse of the member or
former member notwithstanding that either that person
or the member or former member, or each of them,
25 may during the subsistence of that relationship have
been legally married to another person.
(6) If under section 11 contributions have been made to the
scheme in respect of a member then for the purposes of
this Act the member is deemed to have made the
30 contributions to the scheme.
".
page 4
Parliamentary Superannuation Legislation Amendment Bill 1999
Parliamentary Superannuation Act 1970 amended Part 2
s. 6
6. Section 8 replaced
Section 8 is repealed and the following section is inserted
instead --
"
5 8. Administrative assistance for the Board
(1) The Board may appoint and employ persons to assist it
in administering the scheme.
(2) The Board may engage under contract for services any
professional, technical or other assistance that the
10 Board considers necessary to assist it in administering
the scheme.
".
7. Section 9 repealed and Part IIA inserted
Section 9 is repealed and the following Part is inserted
15 instead --
"
Part IIA -- Scheme participants
9. Scheme closed to members elected after closing day
This Act, other than section 29, and the scheme do not
20 apply to or in relation to a person who becomes a
member on or after closing day unless immediately
before closing day the person was a member.
10. Certain participants may withdraw from scheme
(1) In this section --
25 "eligible person" means a person --
(a) who was elected as a member for the first
time at the election held on 14 December
1996; or
page 5
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 2 Parliamentary Superannuation Act 1970 amended
s. 7
(b) who was elected as a member after that date
and before closing day;
"set period" means the period beginning on closing
day and ending on a day determined by the
5 Tribunal and notified to eligible persons at least
one month prior to that day.
(2) An eligible person may at any time in the set period
elect to cease participating in the scheme by notice in
writing served on the Board.
10 (3) As soon as practicable after closing day the Tribunal
shall inquire into and determine --
(a) a formula for calculating the benefits payable to
or in respect of a person who has made an
election under subsection (2) ("termination
15 benefits");
(b) when and in what circumstances termination
benefits shall be paid;
(c) to whom termination benefits may be paid;
(d) the portability of termination benefits; and
20 (e) any other matter relevant to the calculation or
payment of termination benefits that the
Tribunal thinks fit.
(4) A person who makes an election under subsection (2)
shall not be entitled to personally receive the
25 termination benefits while the person is a member.
(5) The Tribunal may from time to time determine the rate
of interest to be paid where termination benefits are not
paid immediately on a person making an election under
subsection (2).
30 (6) Termination benefits shall be paid in accordance with
the Tribunal's determination under subsection (3).
page 6
Parliamentary Superannuation Legislation Amendment Bill 1999
Parliamentary Superannuation Act 1970 amended Part 2
s. 8
(7) This Act, other than section 29, and the scheme do not
apply to or in relation to a person who makes an
election under subsection (2).
".
5 8. Part III replaced and transitional provision
(1) Part III is repealed and the following Part is inserted instead --
"
Part III -- Contributions
11. Contributions in respect of members
10 (1) While a person is a member, contributions shall be
made to the scheme in respect of the person of an
amount calculated on such basis as is determined from
time to time by the Tribunal.
(2) If the contributions in respect of a member are not paid
15 by the State as part of the member's remuneration they
are to be deducted from the member's salary.
(3) The contributions in respect of a member shall be
credited to the Consolidated Fund.
".
20 (2) If immediately before the commencement of this section,
section 11(1a) of the Parliamentary Superannuation Act 1970
applied in respect of a member, then on and after the
commencement section 11(1a) continues to apply in respect of
the member despite the repeal of section 11(1a) by this section.
25 9. Section 14 amended
Section 14(3) is amended by deleting "Board" and inserting
instead --
" Tribunal ".
page 7
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 2 Parliamentary Superannuation Act 1970 amended
s. 10
10. Sections 15 and 15A repealed
Sections 15 and 15A repealed.
11. Section 15B amended
(1) Section 15B(1) is repealed.
5 (2) Section 15B(2) is amended as follows:
(a) by deleting "to whom this section applies";
(b) by deleting "in the period of 6 months ending on
31 December 1986, and thereafter";
(c) by deleting "such percentage as is determined by the
10 Treasurer to be".
(3) Section 15B(5) is amended by deleting ", for the purposes of
this section, the Treasurer determines that".
(4) Section 15B(6) is amended by deleting "and of section 15A".
12. Section 16 amended
15 Section 16(1) is amended by inserting after "ceasing to be a
member" --
" or such longer period as the Tribunal determines ".
13. Section 20 amended
Section 20(1)(b) is amended by deleting "Board" and inserting
20 instead --
" Tribunal ".
14. Section 23 amended
Section 23(3) is amended by deleting "Treasurer" in both places
where it occurs and in each place inserting instead --
25 " Board ".
page 8
Parliamentary Superannuation Legislation Amendment Bill 1999
Parliamentary Superannuation Act 1970 amended Part 2
s. 15
15. Section 24 replaced
Section 24 is repealed and the following section is inserted
instead --
"
5 24. Minimum benefits
The Tribunal shall from time to time inquire into and
determine a basis for calculating the amount of the
minimum benefit payable under the scheme having
regard to the Superannuation Guarantee
10 (Administration) Act 1992 of the Commonwealth.
".
16. Section 27 amended
Section 27(2)(a) is amended by inserting after "Fellow" --
" or accredited member ".
15 17. Section 28 inserted
After section 27 the following section is inserted --
"
28. Tribunal may change the scheme
(1) In this section --
20 "benefits" means pensions or other benefits payable
under the scheme, whether provided for under Part
IV or under a determination made under this
section.
(2) Notwithstanding Parts III and IV and section 25 the
25 Tribunal may inquire into and determine any matter in
connection with contributions to and the benefits
payable under the scheme.
page 9
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 2 Parliamentary Superannuation Act 1970 amended
s. 17
(3) Without limiting subsection (2), the Tribunal may
inquire into and determine any of the following
matters --
(a) reductions (including to zero) in the amount of
5 contributions to be made to the scheme in
respect of members;
(b) when and in what circumstances benefits are to
be payable, including for example that benefits
shall not be payable until a former member
10 attains an age specified by the Tribunal in its
determination;
(c) in the case of the death of persons entitled to
benefits --
(i) the entitlements of the estates of those
15 persons;
(ii) the entitlements of other persons;
(d) to whom benefits may be paid;
(e) how the amount of benefits and increases in
them are to be calculated;
20 (f) when payments of benefits are to be made,
including for example how frequently pensions
are to be paid;
(g) how benefits are to be paid, for example, as
lump sums or pensions or a combination of
25 both;
(h) the portability of benefits;
(i) when and in what circumstances pensions may
be wholly or partly commuted and how
commutations are to be calculated;
30 (j) any matter connected with any of the matters in
paragraphs (a) to (i).
page 10
Parliamentary Superannuation Legislation Amendment Bill 1999
Parliamentary Superannuation Act 1970 amended Part 2
s. 18
(4) A determination under subsection (2) --
(a) shall not have the effect of reducing the amount
of any benefits that --
(i) had accrued or become payable to a
5 person before the determination; or
(ii) are, or may become, payable in relation
to a period before the determination;
(b) shall be in accordance with any law of the
Commonwealth that is applicable to the
10 scheme; and
(c) may make the same provision for all cases or
different provisions for different cases or
classes of case.
".
15 18. Section 29 replaced
Section 29 is repealed and the following section is inserted
instead --
"
29. State contributions for MPs who are not
20 participants in the scheme
(1) In this section --
"complying superannuation fund" has the meaning it
has in the SG(A) Act;
"individual superannuation guarantee shortfall" has
25 the meaning it has in the SG(A) Act;
"non-participant" means a member in respect of
whom contributions have never been made to the
scheme or a member who has made an election
under section 10(2);
30 "SG(A) Act" means the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth.
page 11
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 2 Parliamentary Superannuation Act 1970 amended
s. 18
(2) The State shall make contributions towards
superannuation for every person who is a
non-participant.
(3) The State's contributions in respect of a
5 non-participant --
(a) shall be made in accordance with a
determination made from time to time by the
Tribunal but in any event shall not be less than
the minimum amount that the State must
10 contribute in respect of the non-participant in
order to avoid incurring an individual
superannuation guarantee shortfall in respect of
the non-participant;
(b) shall be paid at such time or times as the
15 Minister determines but in any event in such a
manner that the State does not incur an
individual superannuation guarantee shortfall in
respect of the non-participant; and
(c) shall be paid to a complying superannuation
20 fund in accordance with the Minister's
determination under subsection (4).
(4) The Minister, by a written instrument, shall from time
to time determine to which complying superannuation
fund or funds the State's contributions shall be paid.
25 (5) The State's contributions shall be charged to the
Consolidated Fund which is appropriated accordingly.
".
page 12
Parliamentary Superannuation Legislation Amendment Bill 1999
Salaries and Allowances Act 1975 amended Part 3
s. 19
Part 3 -- Salaries and Allowances Act 1975 amended
19. The Act amended by this Part
The amendments in this Part are to the Salaries and Allowances
Act 1975*.
5 [* Reprinted as at 26 April 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 224.]
20. Section 6 amended
Section 6(1)(b) is amended by deleting "Select Committees of a
10 House or Joint Select Committees of Houses, not being in either
case Standing Committees;" and inserting instead --
"
committees of a House or joint committees of the
Houses;
15 ".
21. Section 6A replaced by sections 6A and 6AA
Section 6A is repealed and the following sections are inserted
instead --
"
20 6A. Tribunal's functions under the Parliamentary
Superannuation Act 1970
(1) The Tribunal shall from time to time, as it sees fit,
inquire into and determine, for the purposes of the
Parliamentary Superannuation Act 1970, any matter
25 that under that Act is to be determined by the Tribunal.
(2) Section 6(2) and (3) apply to a determination under this
section.
page 13
Parliamentary Superannuation Legislation Amendment Bill 1999
Part 3 Salaries and Allowances Act 1975 amended
s. 22
6AA. Redundancy benefits for MPs
(1) The Tribunal may inquire into and determine the
entitlements and benefits to be paid or provided to a
member of Parliament if the member ceases to be a
5 member.
(2) The Tribunal shall make such an inquiry and
determination if the Tribunal makes a determination
under section 28 of the Parliamentary Superannuation
Act 1970 that benefits shall not be payable until a
10 former member attains an age specified by the Tribunal
in its determination.
(3) Section 6(2) and (3) apply to a determination under this
section.
(4) Any amount payable in accordance with a
15 determination under this section shall be charged to the
Consolidated Fund which is appropriated accordingly.
".
22. Section 8 replaced
Section 8 is repealed and the following section is inserted
20 instead --
"
8. Tribunal to report and make a determination
annually
The Tribunal shall ensure that --
25 (a) not more than a year elapses between one
determination under section 6(1) in respect of
an office or other position referred to in that
subsection and another; and
(b) not more than a year elapses between one
30 report under section 7(1) and another.
".
23. Part II repealed
Part II is repealed.
page 14
Parliamentary Superannuation Legislation Amendment Bill 1999
Financial Administration and Audit Act 1985 amended Part 4
s. 24
Part 4 -- Financial Administration and Audit Act 1985
amended
24. Schedule 1 amended
Schedule 1 to the Financial Administration and Audit Act 1985*
5 is amended by deleting "Parliamentary Superannuation Board".
[* Reprinted as at 9 July 1999.
For subsequent amendments see Acts Nos. 5 and 8 of 1999.]
page 15
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