Legislative Assembly Members Superannuation (Amendment) Act 1957 (NSW)

LEGISLATIVE ASSEMBLY MEMBERS SUPER-

ANNUATION (AMENDMENT) ACT.

[Assented to, 9th December, 1957.]

Act No. 64, 1957.

An Act to increase the rates of contributions and pensions under the Legislative Assembly Members Superannuation Act, 1946-1954; for this and other purposes to amend the said Act; and for purposes connected therewith.

BE i t enacted b y the Queen's Most Excellent Majesty, b y and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Par l iament assembled, and by the author i ty of the same, as follows:—
1. (1) This Act may be cited as the "Leg i s la t ive Assembly Members Superannua t ion (Amendment ) Act, 1957" .
(2) The Legislat ive Assembly Members Super­ annua t ion Act, 1946, as amended by subsequent Acts and by th is Act, m a y be cited as the Legislat ive Assembly Members Superannua t ion Act, 1946-1957.
2. The Legislat ive Assembly Members Superannua­ t ion Act, 1946-1954, is amended—

(a)	by omitting from section two the definition of
" S a l a r y " and by inser t ing in lieu thereof the

following definition:—

' ' S a l a r y ' ' means all moneys payable by way of sa la ry or allowance to a member of the Legislat ive Assembly in pursuance of the Const i tut ion Act, 1902, the P a r ­ l i amenta ry Allowances and Salar ies Act, 1956, or any Act amending or replacing the same.

(b)	by omitting from section nine the words "one
hundred and fifty-six p o u n d s " and by inser t ing
in lieu thereof the words " t w o hundred and
th i r ty-four p o u n d s " .

3. (1) The Legislat ive Assembly Members Super­ annua t ion Act, 1946-1954, is fur ther amended—

(a) (i) by omit t ing from p a r a g r a p h (b1) of sub­

section two of section twelve the words :— " A n y person who has pa id into the fund

in accordance with s u b p a r a g r a p h (a) of this

p a r a g r a p h 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 this

p a r a g r a p h

p a r a g r a p h be entit led to a refund of the con­ t r ibut ions paid- by h im to the fund, wi thout i n t e r e s t . "

and by inser t ing in Lieu thereof	the;
words :—

" W h e r e a person—

(ia) ceases to be a member of the P a r ­ l iament of the Commonwealth or of any such S ta te and thereupon becomes enti t led to a pens ion under the P a r l i a m e n t a r y R e t i r i n g Allowances Act 1948 of the Par l i a ­ ment of the Commonweal th or under a n y like Act of the Pa r l i a ­ men t of any such S t a t e ; or

(i ia) has served as a member of the P a r l i a m e n t of the Commonwealth or of any such S ta t e for a per iod which would, if he ceased to be such a member a t the expira t ion of such per iod, be sufficient to entit le him to any such pension,

he shall, if he has , d u r i n g the per iod from the da te upon which he r e s i g n s his seat in the Legis la t ive Assembly to the da te upon

which he ceases to be a member of the P a r ­

l iament of the Commonweal th or of any such S ta te , or to the date of the expira t ion of the pe r iod re fe r red to in the foregoing s u b p a r a g r a p h (iia) of this pa rag raph , , a s the case m a y require , pa id into the fund an amount equivalent to t h a t which he would have pa id h a d he-not ceased to be a member of the Legislat ive Assembly, be refunded an a m o u n t equivalent to the contr ibut ions so pa id by h im to the fund, wi thout in teres t . A n y person to whom contr ibut ions have

been

been refunded as aforesaid and the widow of any such person shall not be entit led to receive a pension under this A c t . " ;

(ii) by omit t ing from the same p a r a g r a p h the

words " i f such widow is enti t led to a pen­ s i o n " and by inser t ing in lieu thereof the words " i f such widow is enti t led to any benef i t " ;

(iii) by omit t ing from the same p a r a g r a p h the

words " i f such widow is not enti t led to any p e n s i o n " and by inser t ing in lieu thereof the words " i f such widow is not entit led to

any benef i t " ;

(b) (i) by inser t ing in subsection six of the same

section af ter the words " i n receipt of" the

words " o r is enti t led to r e c e i v e " ;

(ii) by inser t ing in p a r a g r a p h (b) of the same

subsection immediately before the words " h e is no t e n t i t l e d " the words " i n the case of a person who became a member of the P a r l i a m e n t of the Commonwealth or of any

S ta te (other t han th is S t a t e ) " ;

(iii)   by omitting from the same subsection the words :—

" A n y person who has pa id into the fund
in accordance with the provis ions of this

refer red to in s u b p a r a g r a p h (b) of this subsection shall upon receipt of any pension

subsection be enti t led to a refund of the contr ibut ions pa id by him to the fund,

without i n t e r e s t . "

and by inser t ing in lieu thereof the

w o r d s : —

" W h e r e a person—

(ia) ceases to be a member of the P a r ­
l iament of the Commonwealth or

of any such S ta te and thereupon

becomes

becomes entitled to a pension

under the Parliamentary Retiring Allowances Act 1948 of the Parlia­ ment of the Commonwealth or under any like Act of the Parlia­ ment of any such State; or

(iia) has served as a member of the Parliament of the Commonwealth or of any such State for a period which would, if he ceased to be such a member at the expiration of such period, be sufficient to entitle him to any such pension,

he shall, if he has, during the period of such suspension, or from the date upon which he becomes a member of the Parlia­ ment of the Commonwealth or of any such

State to the date of the expiration of the

period referred to in the foregoing sub­ paragraph (iia) of this paragraph, as the

case may require, paid into- the fund an

amount equivalent to that which he would have paid into the fund had he been a mem­ ber of the Legislative Assembly, be refunded AN amount equivalent to the contributions

Any person to whom contributions have so paid by him to the fund, without interest.

been refunded as aforesaid and the widow

of any such person shall not be entitled to

receive a pension under this Act.";

(iv)  by omitting from the same subsection the words " i f such, widow is entitled to a pension" and by inserting in lieu thereof the words " i f such widow is entitled to any benefit";,

(v)

(v)  by omitting from the same subsection the words " i f such widow is not entitled to any pension" and by inserting in lieu thereof the words " i f such widow is not entitled to any benefit";

(c) by inserting next after subsection eight of the same section the following new subsection:—

(9) Notwithstanding anything contained in this section the rate of pension payable to any person who, immediately before the commence­ ment of the Legislative Assembly Members Superannuation (Amendment) Act, 1957, was not in receipt of a pension under this section but

becomes entitled thereto after such commence­

ment, shall—

(a)	if such person becomes so entitled pur­ suant to paragraph (a) of subsection one of this section, be eighteen pounds per week;
(b)	if such person becomes so entitled pur­ suant to paragraph (b) of subsection one of this section, be fifteen pounds per week;

(c) if such person being a widow becomes so entitled pursuant to subparagraph

(ii) of paragraph (bl) of subsection

two, subsection three, or paragraph (ii)

of subsection six of this section, be

twelve pounds fifteen shillings per week;
(d)	if such person, being the widow of a person who was not in receipt of a pension under subsection one of this

section

section immediately before such com- mencement, becomes so entitled pur- suant to subsection four of this section, be twelve pounds fifteen shillings per week.

(2) Subparagraph (i) of paragraph (a) of sub- section one of this section shall be deemed to have commenced upon the seventh day of May, one thousand nine hundred and forty-six.