Legislative Assembly Members Superannuation (Amendment) Act 1962 (NSW)

LEGISLATIVE ASSEMBLY MEMBERS SUPER­

ANNUATION (AMENDMENT) ACT.

Act No. 13, 1962.

An Act to make further provision relating to the pension rights of members of the Legislative Assembly; for this purpose to amend the Legis­ lative Assembly Members Superannuation Act, 1946-1959; and for purposes connected therewith. [Assented to, 21st May, 1962.]

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows : —

(1) This Act may be cited as the "Legislative Assem­ bly Members Superannuation (Amendment) Act, 1962".

1 .

(2) The Legislative Assembly Members Superannua­ tion Act, 1946, as amended by subsequent Acts and by this Act, may be cited as the Legislative Assembly Members Superannuation Act, 1946-1962.

The Legislative Assembly Members Superannuation Act, 1946-1959, is amended—

2 .

(ii) by omitting subparagraph (a) of paragraph ( b l ) of the same subsection; (iii)

(a) (i) by inserting at the end of paragraph (b) of subsection two of section twelve the words "The rate of any pension payable under this paragraph shall be the rate of pension which would have been applicable to such person had he received a pension upon so resigning his seat in the Legislative Assembly.";

(iii)   by omitting from the same paragraph the words "Payments under subparagraph (a) of this paragraph shall be made by such instal­ ments and at such times as the managing trustees or a majority of them determine.";

(iv)   by omitting from the same paragraph the words ", if he has, during the period from the date upon which he resigns his seat in the Legislative Assembly to the date upon which he ceases to be a member of the Parliament of the Commonwealth or of any such State, or to the date of the expiration of the period referred to in the foregoing subparagraph (iia) of this paragraph, as the case may require, paid into the fund an amount equiva­ lent to that which he would have paid had he not ceased to be a member of the Legisla­ tive Assembly, be refunded an amount equiva­ lent to the contributions so paid by him to the fund, without interest. Any person to whom contributions have been refunded as aforesaid and the widow of any such person shall not be entitled to receive a pension under this Act" and by inserting in lieu thereof the words "be refunded where the amount of the contri­ butions paid by him to the fund exceeds any amount received by him by way of pension under this Act the difference between such amounts, without interest. Any person referred

graph and the widow of any such person shall to in subparagraph (ia) or (iia) of this para­

not be entitled to receive a pension under this

Act";

(v)   by omitting from the same paragraph the words "who has made payments into the fund in accordance with subparagraph (a) of this paragraph" and by inserting in lieu thereof the words "to whom paragraph (b) of this subsection applies";

( v i )

(vi)   by omitting from subparagraph (i) of the same paragraph the words "of all contributions paid by such person to the fund, without interest" and by inserting in lieu thereof the words ", where the amount of the contributions paid by such person to the fund exceeds any amount received by such person by way of pension under this Act, of the difference between such amounts, without interest, and such widow shall not be entitled to receive a pension under this Act";

(b)	(i) by omitting paragraph (a) of subsection six;
(ii) by omitting from the same subsection the words "Payments under paragraph (a) of this subsection shall be made by such instalments and at such times as the managing trustees or a majority of them determine." and by insert­ ing in lieu thereof the following paragraph : —

Upon the expiration of the period of such suspension the rate of pension which any such person shall be entitled to receive shall : —

(aa) in the case of a person in respect of whom a period of suspension is in force at the commencement of the Legislative Assembly Members Super­ annuation (Amendment) Act, 1962, and who has before such commence­ ment in accordance with the provisions

of this subsection as then enacted paid

into the fund an amount equivalent to that which he would have paid into the fund had he been a member of the Legislative Assembly as from the beginning of the period of such suspen­ sion till such commencement, be twenty-four pounds per week;

(bb) in any other case, be the rate which
such person was in receipt of at the

commencement of the period of such

suspension

suspension or would have been so entitled to receive but for the fore­ going provisions of this subsection.

(iii)   by omitting from the same subsection the words ", if he has, during the period of such suspension, or from the date upon which he becomes a member of the Parliament of the Commonwealth or of any such State to the date of the expiration of the period referred to in the foregoing subparagraph (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 member of the Legislative Assembly, be refunded an amount equivalent to the contribu­ tions so paid by him to the fund, without interest. Any person to whom contributions have been refunded as aforesaid and the widow of any such person shall not be entitled to receive a pension under this Act." and by inserting in lieu thereof the words "be refunded where the amount of the contributions paid by him to the fund exceeds any amount received by him by way of pension under this Act the difference between such amounts, with­ out interest. Any person referred to in sub­ paragraph (ia) or (iia) of this paragraph 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 "who has made payments into the fund

in accordance with paragraph (a) of this sub­ section" and by inserting in lieu thereof the words "whose pension is suspended in accordance with this subsection";

(v)   by omitting from paragraph (i) of the same subsection the words "of all contributions paid by such person to the fund, without interest" and by inserting in lieu thereof the words ", where the amount of the contributions

paid

paid by such person to the fund exceeds any amount received by such person by way of pension under this Act, of the difference between such amounts, without interest, and such widow shall not be entitled to receive a pension under this Act";

(c) by omitting subsection seven of the same section.