Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, every person who, after the coming into operation of the Acts Amendment
(Parliamentary Superannuation) Act 1986 1 , ceases to be a member
and —
(a) has
contributed to the scheme for not less than 12 years; or
(b) has
contributed to the scheme for not less than 7 years but less than
12 years and —
(i)
has attained the age of 55 years when he so ceases
to be a member;
(ia) has
so contributed for the duration of not less than 3 complete Parliaments;
(ii)
so ceases to be a member upon his being defeated at an
election;
(iii)
so ceases to be a member on the ground of ill health and
satisfies the Board that his ceasing to be a member on that ground is
warranted; or
(iv)
so ceases to be a member upon his resigning or declining
to seek re-election for reasons which, in either case, the Board considers
good and sufficient,
is entitled, on
ceasing to be a member, to be paid an annual pension at the rate ascertained
in accordance with subsection (3a).
(1aa) Without limiting
the other reasons for declining to seek re-election that the Board may
consider good and sufficient for the purposes of subsection (1)(b)(iv), a
member has, for the purposes of that provision, good and sufficient reasons
for declining to seek re-election if he satisfies the Board
that —
(a) he
could be reasonably expected to so decline if unable to obtain the endorsement
of a political party;
(b) he
has, after making reasonable endeavours to obtain the endorsement of a
political party, been unable to obtain such endorsement; and
(c) his
inability to obtain such endorsement does not result from circumstances
substantially within his control.
(1a) For the purposes
of this Act, where —
(a) a
Member of the Legislative Council resigns in order to seek election to the
Legislative Assembly —
(i)
he shall, whether or not he is elected to the Legislative
Assembly, be deemed to have continued to be a Member of the Legislative
Council during the period between the day on which his resignation took effect
and the day on which the election for the Legislative Assembly took place if,
within 3 months of that lastmentioned day he pays to the scheme a sum
equal to the contributions which he would have been required to make had he
continued to be a Member of the Legislative Council during that period, and if
he is defeated at the election for the Legislative Assembly he shall be
entitled to the same pension, if any, to which he would have been entitled if
he had ceased to be a Member of the Legislative Council on the day on which
the election for the Legislative Assembly was conducted by reason of his being
defeated at an election conducted on that day; and
(ii)
if he dies prior to the day on which the election for the
Legislative Assembly takes place, he shall be deemed to have continued to be a
Member of the Legislative Council until his death, but for the purposes of
calculating the rate at which pension, if any, is payable as from the date of
his death to his spouse or de facto partner, he shall be deemed to have died
on the day on which his resignation took effect;
and
(b) a
Member of the Legislative Assembly does not seek re-election for that House in
order to seek election for the Legislative Council —
(i)
he shall, if he is elected to the Legislative Council, be
deemed to have continued to be a Member of the Legislative Assembly during the
period commencing on the day on which he ceased to be a Member of the
Legislative Assembly and ending on the day of the declaration of the poll on
which, by reason of being so elected, he becomes a Member of the Legislative
Council if, within 3 months of that lastmentioned day, he pays to the
scheme a sum equal to the contributions which he would have been required to
make if he had continued to be a Member of the Legislative Assembly during
that period;
[(ii) deleted]
(iii)
he shall, if he is defeated at the election for the
Legislative Council, be entitled to the same pension, if any, to which he
would have been entitled if he had been defeated at an election for the
Legislative Assembly conducted on the same day as that on which the election
for the Legislative Council took place, irrespective of whether such an
election for the Legislative Assembly was actually conducted on that day;
(iv)
he shall, if he dies before the election for the
Legislative Council takes place, be deemed to have continued to be a Member of
the Legislative Assembly until his death, but for the purposes of calculating
the rate at which pension, if any, is payable as from the date of his death to
his spouse or de facto partner, he shall be deemed to have died on the day on
which he ceased to be a Member of the Legislative Assembly.
(2) Subject to this
Act —
(a)
every person, other than a person referred to in paragraph (b), who has
been a member and was, immediately prior to the coming into operation of the
Acts Amendment (Parliamentary Superannuation) Act 1986 1 , in receipt of
pension under this Act, is entitled to be paid an annual pension at the rate
ascertained in accordance with subsection (4); and
(b)
every person who has been a member and was, immediately prior to
1 January 1970, in receipt of pension payable under the repealed
Act, is entitled to be paid an annual pension at the rate ascertained in
accordance with subsection (5).
(3) Where a person who
ceases to be a member is not, under the provisions of subsection (1),
entitled to be paid a pension he shall be paid an amount equal to twice the
sum of the contributions made by him to the scheme under this Act or the
repealed Act together with interest thereon at the rate determined by the
Tribunal, less any amount previously refunded to him under this
subsection or any corresponding provision of the repealed Act.
(3a) For the purposes
of subsection (1), the rate per annum of pension payable to a person
entitled to pension under that subsection is the basic pension or, where
the total salary paid to that person while he was making contributions to the
scheme was in excess of the total basic salary paid to that person during that
time, a higher amount calculated on such basis as is from time to time
determined under the Salaries and Allowances Act 1975 .
(4) For the purposes
of subsection (2)(a), the rate per annum of pension payable to a person
entitled to pension under that provision is the rate ascertained in accordance
with the formula
where —
A is the basic pension
of the person;
B is the total salary
paid to that person while he was making contributions to the scheme; and
C is the total basic
salary paid to that person while he was making contributions to the scheme.
(5) For the purposes
of subsection (2)(b), the rate per annum of pension payable to a person
entitled to pension under that provision is the rate ascertained in accordance
with the formula
where —
A is the basic pension
of the person;
B is the total salary
paid to that person while he was making contributions to the scheme;
C is the total basic
salary paid to that person while he was making contributions to the scheme;
and
D is one-third of the
difference between B and C.
(6) Nothing in this
section entitles a member to be paid pension in respect of any portion of his
annual pension entitlement which has been converted to a lump sum payment
under section 16(2).
[Section 14 amended by No. 94 of 1975
s. 6; No. 54 of 1980 s. 6; No. 58 of 1986 s. 7;
No. 6 of 1988 s. 5; No. 31 of 1989 s. 10 and 15; No. 37 of
2000 s. 9; No. 3 of 2002 s. 91(1).]
[ 15, 15A. Deleted by No. 37 of 2000 s. 10.]