Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 4 July 2008 of the
Parliamentary Superannuation Act 1970 and includes the amendments made by
the other written laws referred to in the following table. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
36 of 1970 |
27 May 1970 |
Pt. IV: 1 Jan 1970 (see
s. 2(2)); |
|
|
Parliamentary Superannuation Act Amendment
Act 1971 |
22 of 1971 |
1 Dec 1971 |
30 Dec 1970 (see s. 2) |
|
Parliamentary Superannuation Act Amendment
Act 1975 |
94 of 1975 |
20 Nov 1975 |
Act other than s. 4 and 5: 20 Nov 1975 (see
s. 2(1)); |
|
Parliamentary Superannuation Act Amendment
Act 1976 |
115 of 1976 |
1 Dec 1976 |
1 Jan 1977 (see s. 2) |
|
Parliamentary Superannuation Amendment
Act 1980 |
54 of 1980 |
19 Nov 1980 |
s. 6: 22 Feb 1980 (see s. 2(2));
|
|
Reprint of the Parliamentary Superannuation
Act 1970 approved 15 Jan 1981 (includes amendments listed
above) |
|||
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Acts Amendment (Parliamentary Superannuation)
Act 1986 Pt. I 5, 6, 7, 8 |
58 of 1986 |
26 Nov 1986 |
24 Dec 1986 |
|
Acts Amendment (Parliamentary Superannuation)
Act 1987 Pt. I |
103 of 1987 |
16 Dec 1987 |
16 Dec 1987 (see s. 2) |
|
Acts Amendment (Parliamentary Superannuation) and
Transitional Arrangements Act 1988
Pt. 3 9 |
6 of 1988 |
30 Jun 1988 |
Act other than s. 5 and 6(b) and Pt. 4:
30 Jun 1988 (see s. 2(1)); |
|
Acts Amendment (Parliamentary Superannuation)
Act 1989 Pt. 2 10, 11 |
31 of 1989 |
15 Dec 1989 |
15 Dec 1989 (see s. 2) |
|
Reprint of the Parliamentary Superannuation
Act 1970 as at 25 Sep 1991 (includes amendments listed
above) |
|||
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Parliamentary Superannuation Legislation Amendment
Act 2000 Pt. 2 3 |
37 of 2000 |
10 Oct 2000 |
10 Oct 2000 (see s. 2) |
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002
Pt. 17 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Reprint 3: The Parliamentary Superannuation
Act 1970 as at 4 Apr 2003 (includes amendments listed
above) |
|||
|
Superannuation Legislation Amendment and Validation
Act 2006 Pt. 2 |
18 of 2006 |
31 May 2006 |
31 May 2006 (see s. 2) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 17 Div. 7 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 4: The Parliamentary Superannuation
Act 1970 as at 4 Jul 2008 (includes amendments listed
above) |
|||
2 Repealed by the Salaries and Allowances Tribunal
Act 1975 s. 13.
3 The Parliamentary Superannuation Legislation Amendment
Act 2000 s. 8(2) reads as follows:
“
(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.
”.
4 Repealed by the Parliamentary Superannuation
Act 1948 which was repealed by this Act.
5 The Acts Amendment (Parliamentary Superannuation)
Act 1986 s. 4(2) reads as follows:
“
(2) The amendment effected by subsection (1) applies only in relation
to a member or former member who dies after the coming into operation of this
section.
”.
6 The Acts Amendment (Parliamentary Superannuation)
Act 1986 s. 5(2) reads as follows:
“
(2) Until the first determination is made under the Salaries and
Allowances Act 1975 for the purposes of section 11(1) of the
principal Act, that provision as in force before the coming into operation of
this section shall continue to apply.
”.
7 The Acts Amendment (Parliamentary Superannuation)
Act 1986 s. 6(2) reads as follows:
“
(2) Until the first determination is made under the Salaries and
Allowances Act 1975 for the purposes of section 13(1) of the
principal Act, that section as in force before the coming into operation of
this section shall continue to apply.
”.
8 The Acts Amendment (Parliamentary Superannuation)
Act 1986 s. 7(2) reads as follows:
“
(2) Until the first determination under the Salaries and Allowances
Act 1975 of the basis to be used for calculating the higher rate of
pension to which a person may be entitled under section 14(3a) of the
principal Act, the rate of pension payable to a person who is entitled to
pension at a higher rate than the basic pension shall be ascertained in
accordance with section 14(4) of the principal Act.
”.
9 The Acts Amendment (Parliamentary Superannuation) and
Transitional Arrangements Act 1988 Pt. 4 (as amended by the
Acts Amendment (Parliamentary Superannuation) Act 1989 s. 17)
reads as follows:
“
Part 4 — Transitional
arrangements
7. Interpretation
In this Part —
actual contributory period, in relation to a person, means
the period for which the person has, within the meaning of section 13(2) of
the principal Act, made contributions to the scheme;
contributions to the scheme means contributions made to the
scheme during any period mentioned in section 13(2) of the principal
Act;
Electoral Reform Act means the Acts Amendment (Electoral
Reform) Act 1987;
member means a member of the Legislative Council;
enhanced contributory period in relation to a person, means
the sum of —
(a) the actual contributory period; and
(b) the period from the end of the actual contributory period to the close
of 21 May 1992;
scheme has the meaning assigned to it by section 5 of
the principal Act;
the principal Act means the Parliamentary Superannuation
Act 1970;
transitioned person means a person
who —
(a) by reason of the Electoral Reform Act, vacates his seat by effluxion
of time at the close of 21 May 1989 and thereupon ceases, for the
purposes of the principal Act, to be a member;
(b) was elected to fill the seat referred to in paragraph (a) at an
election conducted before the Electoral Reform Act received the Royal
Assent; and
(c) would not have vacated his seat by effluxion of time until the close
of 21 May 1992 if the Electoral Reform Act had not been
enacted.
[Section 7 amended by No. 31 of 1989
s. 17(a).]
8. Benefits for transitioned persons
A transitioned person is, upon ceasing to be a member, deemed for the
purposes of the principal Act —
(a) to have contributed to the scheme for a period equal to the enhanced
contributory period; and
(b) to have ceased to be a member upon his being defeated at an
election.
[Section 8 amended by No. 31 of 1989
s. 17(b).]
9. Transitioned persons having no pension entitlement
(1) For the purpose of applying section 14(3) of the principal Act, a
transitioned person is, in addition to the contributions to the scheme made by
him, deemed to have made contributions to the scheme equal to the amount
prescribed in subsection (2) of this section and those additional
contributions are deemed for the purposes of the calculation of interest under
section 14(3) of the principal Act to have been made immediately
before he ceased to be a member.
(2) The amount of the additional contributions that a transitioned person
is deemed by subsection (1) to have made to the scheme is the total amount
that would have been deducted from his salary, by way of contributions to the
scheme, for the period from the end of the actual contributory period to the
close of 21 May 1992 if —
(a) he had continued to be a member until the close of
21 May 1992;
(b) his salary during that period had been paid at the rate of the basic
salary applicable immediately before the close of 21 May 1989;
and
(c) the basis for calculating deductions during that period had been that
which was applicable under section 11 of the principal Act immediately
before the close of 21 May 1989.
[Section 9 amended by No. 31 of 1989
s. 17(c).]
10. Transitioned persons who held higher office
Where by reason of section 14(3a) of the principal Act a
transitioned person is entitled to a pension at the rate of a higher amount than
the basic pension, that higher amount shall be calculated
by —
(a) first, calculating the rate of pension that would be payable under
that provision having regard only to the actual contributory period;
and
(b) then adding to the amount calculated under paragraph (a) an
amount equal to the further percentage, if any, of the basic salary that would
have been included in determining his basic pension if regard had been had to
the period from the end of the actual contributory period to the close of
21 May 1992,
and, the operation of section 14(3a) of the principal Act is
modified accordingly.
”.
10 The Acts Amendment (Parliamentary Superannuation)
Act 1989 s. 5(2) reads as follows:
“
(2) The Trustees holding office under Part II of the principal
Act immediately before the commencement of subsection (1) are deemed
to have been appointed under section 6(3)(b) inserted in the principal
Act by that subsection.
”.
11 The Acts Amendment (Parliamentary Superannuation)
Act 1989 s. 16 reads as follows:
“
16. Transitional provisions relating to the repeal of Part II
(1) In this section —
Board means the Parliamentary Superannuation Board
established by section 6(1) of the principal Act;
commencement means the commencement of this Act;
Trustees means the Trustees of the Parliamentary
Superannuation Fund established by section 10 of the principal Act as
in force before the commencement.
(2) On the commencement —
(a) all rights, property and assets that were, immediately before the
commencement, vested in, under the control of, or standing to the credit of the
Trustees are, by force of this subsection, vested in the State and the value of
the same shall be credited to the Consolidated Revenue Fund;
(b) the State becomes, by force of this subsection, liable to pay, bear or
discharge all the debts, liabilities and obligations of the Trustees that
existed immediately before the commencement; and
(c) the Board shall take delivery of all books, documents, and records
(however compiled, recorded or stored) relating to the operations of the
Trustees.
(3) The Consolidated Revenue Fund is hereby appropriated to the extent
required to give effect to subsection (2)(b).
(4) Any agreement or instrument subsisting immediately before the
commencement to which the Trustees were a party, has effect after the
commencement as if —
(a) the State were substituted for the Trustees as a party to the
agreement or instrument; and
(b) any reference in the agreement or instrument to the Trustees were
(unless the context otherwise requires) a reference to the State.
(5) Where anything has been lawfully commenced by or under the authority
of the Trustees before the commencement that thing may be carried on and
completed by or under the authority of the Board.
(6) The Trustees shall report as required by section 66 of the
Financial Administration and Audit Act 1985 for the period from the
preceding 1 July to the commencement and for that purpose —
(a) the Trustees shall continue in office; and
(b) Division 14 of Part II of that Act shall apply as if that
period were a full financial year.
(7) For the purpose of Division 14 of Part II of the Financial
Administration and Audit Act 1985, the period from the commencement to
the succeeding 30 June is deemed to be a full financial year of the
Board.
(8) References to the Trustees in an enactment as in force immediately
before the commencement shall, unless because of the context it would be
inappropriate so to do, be read and construed as references to the
State.
(9) The Treasurer is authorised to act on behalf of the State in the
performance of any function that is necessary or expedient to be performed to
give effect to the purposes of this section.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
actuary 27(2)
basic
pension 13(1)
basic salary 5(1)
benefits 28(1)
Board 5(1)
closing
day 5(1)
complying superannuation fund 29(1)
election 5(1)
eligible
person 10(1)
flag lifting agreement 28(6)
Index 5(1)
individual
superannuation guarantee
shortfall 29(1)
member 5(1)
non-participant 29(1)
pay
day 5(1)
salary 5(1)
scheme 5(1)
set period 10(1)
SG(A)
Act 29(1)
specified 13(1)
splitting order 28(6)
spouse or de facto
partner 5(1)
superannuation agreement 28(6)
termination
benefits 10(3)(a)
the repealed Act 5(1)
the specified age 16(2a),
19B(3)
Tribunal 5(1)