Legislative Assembly Members Superannuation (Amendment) Act 1949 (NSW)

LEGISLATIVE ASSEMBLY MEMBERS

SUPERANNUATION (AMENDMENT) ACT.

Act No. 39, 1949.

An Act to amend the Legislative Assembly Members Pensions Act, 1946, in certain respects ; and for purposes connected therewith. [Assented to, 12th November, 1949.]

i t enac ted by t h e K i n g ' s M o s t Exce l l en t Majesty, l a t ive Counci l a n d Legis la t ive BE b y and wi th t h e advice and consent of t h e Legis ­

Assembly of N e w Sou th

Wales in P a r l i a m e n t assembled, a n d b y t h e au tho r i t y of

t h e same, as follows :—

1. (1) This Act may be cited as the "Leg i s l a t ive

Assembly Members Superannua t ion (Amendment ) Act,
1949" .

(2) The Legislat ive Assembly Members Pens ions Act, 1946, as amended by this Act, may be cited as the Legislat ive Assembly Members Superannua t ion Act, 1946-1949.

2. (1) The Legislat ive Assembly Members Pens ions Act , 1946, is amended—

(a) by omit t ing from subsection one of section one

(iii)
(iii) by inse r t ing a t the end of the	same p a r a ­

the word " P e n s i o n s " and by inser t ing in lieu

thereof the word " S u p e r a n n u a t i o n " ;

(b) (i) by inser t ing in p a r a g r a p h (b) of subsection

two of section twelve after the word " C o m m o n w e a l t h " where firstly occurr ing the words " o r of any S ta te (other than this S t a t e ) " ;

( i i ) by inser t ing in the same p a r a g r a p h af ter

the word " C o m m o n w e a l t h " where secondly,

th i rd ly and fourthly occurr ing the	words
" o r of any such	S t a t e " ;

g r a p h the following new p a r a g r a p h : —

( b l ) A person shall not be enti t led to a

pension p u r s u a n t to p a r a g r a p h (b) of

th is subsection unless—

(a)	during the period from the da te upon which he res igns h i s seat in the Legislat ive Assem­ bly to the da te upon which he ceases to be a member of the P a r l i a m e n t of the Common­ wealth or of any S ta te (other t han this S ta te ) he has pa id into the fund an amount equivalent to t h a t which he would have pa id into the fund had he not ceased to be a mem­ ber of the Legislat ive Assem­
b ly ; and
(b)	upon ceasing to be a member of the P a r l i a m e n t of the Com­ monweal th or of any such S ta t e he is not enti t led t o receive a pension under the P a r l i a m e n t a r y Re t i r ing Allow­
ances Act 1948 of the Pa r l i a ­

ment of the Commonweal th or under any like Act of

the S ta te , as the case m a y be. P a r l i a m e n t of any such

P a y m e n t s under subpa rag raph (a )

of this p a r a g r a p h shall be made by such ins ta lments and at such t imes as the manag ing t rus tees or a ma jo r i ty of them determine.

Any person who has pa id in to the fund in accordance with subpara­ g r a p h (a) of th is p a r a g r a p h shall upon receipt of any pension refer red

to

to in s u b p a r a g r a p h (b) of th is p a r a ­ g r a p h be entit led to a refund of the contr ibut ions pa id by him to the fund, wi thout interest .

Where a person who has made pay­ ments into the fund in accordance with s u b p a r a g r a p h (a) of this pa ra ­ g r a p h dies whilst the is a member of the Pa r l i amen t of the Commonwealth or of any such S ta te there shall be pa id to his widow out of the fund—

(i)   if such widow is entitled to a pension under the Par l i amen­ t a r y Ret i r ing Allowances Act 1948 of the Pa r l i amen t of the Commonwealth or under any like Act of the P a r l i a m e n t of any such Sta te , as the case may be, a refund of all contri­ but ions paid by such person to the fund, wi thout interest , or

(ii)   if such widow is not entitled to any pension refer red to in s u b p a r a g r a p h (i) of th is

p a r a g r a p h a pension a t the

r a t e of four pounds per

week, which pension shall

subject to this section be payable to her unti l her death.

( iv) by omit t ing from subsection three of the

same section the word " t h r e e " and by
inser t ing in lieu thereof the word	" f o u r " ;

(v)   by omitting from subsection four of the same section the word " t h r e e " and by inser t ing in lieu thereof the word " f o u r " ;

(vi)   by inserting at the end of subsection six of

the same section the following new p a r a ­

g r a p h s and subsection:—

Upon the expira t ion of the per iod of such
suspension such person shall not be entit led

to
to receive a pension under any of the provi­

sions of this section unless—

(a)	during the period of such suspen­ sion he has paid into the fund an amount equivalent to t ha t which he would have pa id into the fund had he been a member of the Legislat ive
Assembly ; and
(b)	he is not entitled to receive a pension under the P a r l i a m e n t a r y Re t i r ing Allowances Act 1948 of the Pa r l i amen t of the Common­ wealth or under any like Act of the P a r l i a m e n t of any S ta te (o ther
t han this S t a t e ) .

P a y m e n t s under p a r a g r a p h (a) of th i s

subsection shall be made by such ins ta lments and a t such t imes as the manag ing t rus tees or a major i ty of them determine.

Any person who has paid into the fund in accordance with the provisions of this sub­ section shall upon receipt of any pension re fe r red to in s u b p a r a g r a p h (b) of th i s subsection be entit led to a refund of the contr ibut ions pa id by him to the fund,

wi thout	interest .
W h e r e a person who has made	paymen t s

into the fund in accordance with p a r a g r a p h (a) of this subsection dies whilst he holds

there shall be pa id to his widow out of the any such office of profit or is such a member

fund—

(i)      if such widow is enti t led to a pension under the P a r l i a m e n t a r y Re t i r ing Allowances Act 1948 of the Pa r l i a ­ ment of the Commonwealth or under any like Act of the Pa r l i amen t of any such Sta te , as the case may be, a refund of all contr ibut ions pa id b y such person to the fund, wi thout

interest , or

(ii)

(ii)   if such widow is not entitled to any

pension refer red to in s u b p a r a g r a p h

(i) of this p a r a g r a p h a pension a t

the ra te of four pounds per week, which pension shall subject to this section be payable to he r unt i l her death.

(7) Where by any provision of this section a person is required, in o rder to be entit led to receive a pension thereunder , to make payments into the fund dur ing a n y per iod dur ing which he holds an office of profit under the Crown or is a member of the Pa r l i amen t of the Commonwealth or of any Sta te , such person shall be deemed to have complied with such provision in respect of any period dur ing which he held such office or was a member before the da te upon which His Majes ty ' s assent to this Act is signified if he pays into the fund, by such ins ta lments and a t such t imes as the manag ing t rus tees or a major i ty of them determine, an amount equivalent to the sum he would have paid into the fund if payments there to had been made by him in accordance with such provis ion du r ing such period.

(2) (a) The amendments made by subpa rag raphs ( i ) , ( i i ) , (iii) and (vi) of p a r a g r a p h (b) of subsection one of this section shall be deemed to have commenced upon forty-six. the seventh day of May, one thousand nine hundred and (b) The amendments made by s u b p a r a g r a p h s

( iv) and (v) of p a r a g r a p h (b) of subsection one of th is section shall as from the da te upon which H i s Majes ty ' s a s sen t to this Act is signified apply to and in respect of pensions under subsections three and four of section twelve of the Legislat ive Assembly Members Superan­ nuat ion Act, 1946-1949, which a re payable a t such date a s well as to and in respect of any such pensions which become payable af ter such date .

L I Q U I D