No. 21.
An Act to provide for the retirement qf Oflcers in the Civil Service.
C14ssented to, December 16, 1854.1
HEBEAS it is expedient to make provi~ion | for the retirement | b a m b l e. |
thin Province, by a deduction from thc salaries of the said Officers, | W of Officers, Clerks, and others employed in the Civil Service of |
Clerks, and others-Be it therefore Enacted, by the Governor of South Australia, by and with the advice and consent of the Legislative Cfotincil thereof, as follows: |
1. Frorn and after the first day of January next, the Colonial Deduction on ~ ~ u n f
of"tirement. and Ten Ghillings per cedtum thereon, to be set aside as an equivalent for the retirement or superannuation allowance to which such Oflcer, Clcrk,or other person, may thckeafter become entitled under provisions
Treasurer shall deduct from the salary payable to every snch Officer,
of this: Act, in accordance with the Schedule hereto annexed: | Pro- &empGOm, |
vided that such deduction shall not be made upon the gratuity, good-nervice pay, or other contingent allowance, if any, enjoyed by
such Officer, Clerk, or other person, or from the salary payable to
any person, not being on the Establishrnmt of the said Service,
holding an acting or temporary appointment, or from thc fia1ar-y
pdpble tb rttry such Officer, Clerk, or other person, who %hall,
by nriting, under his hand, addreesed to the Colonial Secretary of
the said Province, request to be exempted from such deduction, thewby fof&itjng 8l.l participatioh in the benefits that might
otherwise have been derived, by such Officer, Clerk, or other person,
under the provisibns of this Act.
~jfidl record the particuhrs of all such Record to be kept.
deductiom, in a book to be kept for that purpose, and return the
bdoOcwbm*b | ~ 0 0 ~ n t | of ~gnm. l |
l%evenue. | amounts into the Colonial Trwury, to be brought to account as General Revenue. |
an retired list. | 3. Any officer, Clerk, or other person, as aforesaid, desiring to avail. himself of the retiring allowance, hereinafter provided, shall notify such desire in writhing, addressed to the Colonial Secretary, accompanied (if such Officer shall not have been oli the Establish- ment of the laid Service fdteen years or upwards) by a certificate, signed by a medical practitioner, and by the Head of the Department in which he shall be then serving, that, by reason of age, bad health, or other infirmity, he is no longer capable of performing his duties; and the Colonial Secretary, if satisfied as to the allegations contained in such certificate, if any, as aforesaid, shall thereupon direct such Officer, Clerk, or other person, to be placed on the retired list. |
Ektiremcnt-when to | 4. The Colonial Treasurer shall, periodically, at such times as the Governor may appoint for that purpose, pay to every Officer, Clerk, or other person, whose name shall appear on such retired list, such sums as they may be entitled to receive under provisions of this Act. |
be pald. |
rceigning to forfeit | 5. Every Officer, Clerk, or other person, who shall be dismissed from the said Service on account of misconduct, or who shall volun- tarily resign his appointment therein, shall forfeit all sums that may have been deducted from his salary, in accordance with the provisions of this Act, as well as all participation in the advantages, which, otherwise, he might have derived thereunder. |
daim. |
Ratirk~dowanren- |
how computed. | 6. For the purpose of computing the amount of retirement to which any such Officer, Clerk, or other person, may become entitled, under this Act, the period during which he shall have held any appointment on the Establishment of the said Service, shall alone be taken into consideration, the number of days (if any .in excess of six weeks in each respective year) which such Officer, Clerk, or other person, may have been absent from duty, shall be deducted |
ment, and the proportionate amount payable to such Officer, Clerk, | from the period during which he may have held any such appoint- |
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or other person, by way of retirement, shall be computed upon the average of the salaries, which such OfEcer, Clerk, or other person, shall have received during the period of three years, next preceding the date of his retirement. |
Expenditure on ac- |
count of rethwrnenta 7. Whereas no deduction on account of retirement has hitherto
never to exceed in the been made, from the salaries of Officers, Clerks, and others, employed
over 8nd above the | aggregate *10$00 in the Civil Service of this Province, and it is expedient to provide |
ag gate amount | for the retirement of Officers, Clerks, and others, now employed |
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dstiOm | in- | therein-Be | it therefore Enacted, that it shall be lawfiil for the |
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&rest thereon. |
Colonial Treasurer, under the warrant of the Governor, to- pay to any such Officer, Clerk, or other person, by way of retiring allowance, such sum ox sums as any such Officer, Clerk, or other person would have been entitled to, in accordance with the Schedule
hereto
hereto annexed, had this Act been in force, and such deductions made during the entire period in which such OBcer, Clerk, or other person may have held any appointment on the Establishment of the said Service: Provided that the amounts so paid to such Officers, Clerks, or other persons, shall not at any time exceed in the aggre- gate the sum of Ten Thousand Pounds over and above the aggregate amount of all moneys repaid into the Txeasury on account of retire- ment deductions, under provisions of thia Act, together with six per centum per anQum on such deductions from the date of their being so repaid,
8. Whereas Thomas Lipson, Commander in the Royal Navy, and &c~tiom i n f ~
on the twenty-eighth day of December, one thousand eight hundred since 28th Decem- | Thomas Gilbert, have served from the foundation of the said Colony, $hyE |
and thirty-six, and have been subiected to privations such as entitle ber, 1836. them to ipecitd consideration, suc6 Officers &all, for the purposes of this Act, be deemed and taken to have served thirty-five years, although at the date of retirement they may not respectively have completed such term of thirty-five years' service, |
9. No person who shall receive any compensation for risk of loss of office under any Act for granting a Civil List to Her Majesty shall pergonu receiving | Act not to extend to |
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compensation fot risk
be entitled to any benefit or advantage under this Act, | of 108s of office. |
%wry Olcer, Clerk, or | 7 | years. .. | . | .. .. one-sixth | Of the | average aalaqr |
aher peraon shall, an re- | 14 years. .. .. .. . | two-sixths ) of otfice or ofRcea held |
tiremefit be enetled to re- | 21 years. .. .. .. .%bee-sixths | by him dutihg fast three |
ni*, | if ha | ahdl have | 28 yeara.. .. .. . | .four-sixths | prerion, to retire- |
served on | the | Establish- | 35 years.. .. .. .. | five-shtho | ment. |
ment . | .. | .. . | . | ., | . | .. | . | .. | . | 42 yeas. .. .. .. , | six-sirt'ho J |
443tScht: Printed by authority, by W. C. Cox, | I Govcmmont Printer, Victoris-q=wc. |