Local Government and Other Authorities (Superannuation) Amendment Act 1954 (NSW)
LOCAL GOVERNMENT AND OTHER AUTHORI-
TIES (SUPERANNUATION) AMENDMENT ACT.
Act No. 41, 1954.
An Act to amend the Local Government and Other Authorities (Superannuation) Act, 1927-1948, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 6th December, 1954.]
| lative Council and Legislative Assembly of New South | BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- | |
| Wales in Parliament assembled, and by the authority of the same, as follows :— | ||
| 1 . (1) This Act may be cited as the "Local Government and Other Authorities (Superannuation) | ||
|
(3) The Local Government (Superannua t ion ) Act , 1927, as amended by subsequent Acts and by this Act, m a y be cited as the Local Government and Other Author i t i e s (Superannua t ion) Act, 1927-1954.
2 . The Local Government and Other Author i t i es
(Superannua t ion ) Act, 1927-1948, is amended—
(a)
(i)
by omitting from section five the words "one thousand p o u n d s " and by inser t ing in lieu thereof the words " t w o thousand p o u n d s :
P rov ided tha t a pe rmanen t se rvant of a council who has a t ta ined the age of fifty yea r s shall not be enti t led to effect more optional uni ts of insurance—
(a) unless he has completed five years service; or (b) except for the purpose of increas ing his total of compulsory and optional cover to an amount not
exceeding one thousand p o u n d s . "
(ii) by omitting from the same section the words
' ' and within such t i m e ' ' ;
(b) by inserting next after section 7A the following
new sect ion:— 7B. (1) A pe rmanen t se rvant who is insured under the provis ions of section four of this Act and has a t ta ined the age of fifty yea r s may, in lieu of effecting addi t ional insurance in accord
ance with section four or five of this Act, request , in the prescr ibed manner , t h a t contr ibut ions be made to the fund on his behalf in respect of any number of addi t ional cover uni t s of insurance of one hundred pounds each for which he is eligible. (2) A pe rmanen t se rvant who is insured under the provis ions of section four of th is Act and is under the age of fifty yea r s and has applied th rough the boa rd to an insurance
company
company for an addi t ional policy of insurance unde r section four or five of this Act and such appl icat ion has been refused by such insurance company or has been informed tha t such insurance company will not accept the r isk except upon the condition of his being charged a p remium in respect of such policy a t the r a t e charged by such insurance company for an age three yea r s or more g rea t e r than his actual age, may, in lieu of effecting such addi t ional insur ance, request , in the prescr ibed manner , t ha t contr ibut ions be made to the fund on his behalf in respect of any number of addi t ional cover uni t s of insurance of one hundred pounds each for which he would have been eligible if there had not been such a refusal or loading.
(c) (i) by omit t ing from subsection one of section th i r teen the words " h a s elected (within the t ime prescr ibed) to contr ibute to the f u n d " and by inser t ing in lieu thereof the words " w h o has requested in pursuance of section
7B of this Act tha t contr ibut ions be made
to the fund on his beha l f " ;(ii) by inserting in subsection three of the same
section after the word " s h a l l " where firstly occuring the words " s u b j e c t to the provi sions of subsections one, (3A) and (3B) of
this s e c t i o n " ;
(iii) by omit t ing from p a r a g r a p h (a) of the proviso to the same subsection the word " s e c t i o n " and by inser t ing in lieu thereof
the word " s u b s e c t i o n " ; (iv) by omitting from the same proviso the
following word and p a r a g r a p h : — " a n d
(b)
such contributions shall cease to be payable when such pe rmanen t ser vant ceases to be employed by a
council
council or reaches such re t i r ing age or dies, whichever event first h a p p e n s " ;
(v) by omitting subsection (3A) of the same section and by inser t ing in lieu thereof the
following subsect ions:— (3A) (a) W h e r e the sa lary of a per manen t se rvan t is increased subsequently to the first assessment of contr ibut ion made in respect of such pe rmanen t servant under subsection three of this section the contr i bution payable by the council in respect of such pe rmanen t se rvant shall be adjusted
to the basis of the increased s a l a r y : P rov ided tha t this provis ion shall no t app ly to any increases less in the aggrega te t han twenty pounds in excess of the las t sa la ry basis of assessment in respect of such
p e r m a n e n t servant .
(b) Such adjus tment shall only
apply as f rom the commencement of the next succeeding contr ibut ion per iod follow ing tha t dur ing which the increase or increases took effect.
(c) Any pe rmanen t servant who has
a t ta ined the age of fifty yea r s and whosesa la ry is increased may, in such manne r
and within such t ime as may be prescribed, elect t ha t the provis ions of p a r a g r a p h (a) of this subsection shall not apply in respect of such increase and thereaf te r such p ro visions shall not app ly to or in respect of
such pe rmanen t servant . (3B) The annual contr ibut ions to be made under this section in respect of a pe rmanen t se rvant who has made a request unde r and in accordance with section 7B of" th is Act shall be an amount equivalent to
the
the p remium payable if a new policy were effected under P a r t I I of th is Act, a t the age of the pe rmanen t se rvan t a t the t ime of making such request , for an amount equivalent to the number of cover uni ts specified in his request .
(3c) The contr ibut ions payable under th is section shall cease to be payable when such pe rmanen t se rvan t ceases to be employed by a council or reaches the r e t i r ing age mentioned in section four teen of this Act or dies, whichever event first happens .
(d) (i) by omit t ing from subsection one of section sixteen the words " a p res iden t and two m e m b e r s " and by inser t ing in lieu thereof the words " t h r e e members , one of whom shall, in and by the ins t rument by which he is appointed, be the pres ident of the b o a r d " ;
(ii) by omitting from subsection two of the same section the words " S u c h boa rd shall be appointed for a t e rm of seven y e a r s " and by inser t ing in lieu thereof the words " A member shall, subject to this Act, be appointed for such te rm, not exceeding seven years , as may be specified in the
ins t rument of his a p p o i n t m e n t " ;
( i i i ) by inser t ing next after the same subsection
the following new subsect ion:— (2A) A person who is of or above the age of sixty-five yea r s shall not be appointed as
a member . (iv) by inserting at the end of subsection six of the same section the words " A member shall be deemed to have vacated his office upon the day upon which he a t ta ins the age of
sixty-five y e a r s " ; (v)
(v) by inserting next after subsection eight of the same section the following new sub sections :—
(8A) (a) W h e r e by or under any Ac t provis ion is made requi r ing the holder of an office specified there in to devote the whole of his t ime to the dut ies of his office, or prohib i t ing him from engaging in employ ment outside the duties of his office, such provis ion shall not opera te to disqualify him from holding tha t office and also the office of a member of the board , bu t not the office of the pres ident , or f rom accepting and re ta in ing any remunera t ion , fees or allow ances payable to a member of the board, other than the pres ident , under th is section.
(b) The office of a member (o ther
than the pres ident ) shall no t for the purposes of the Const i tu t ion Act, 1 9 0 2 , or any Act amending tha t Act, be deemed to be an office or place of profit under the Crown.
(8B) The provis ions of the Publ ic Service Act, 1902, or of any Act amending t h a t Act, shall not apply to or in respect of the appoin tment of a member and a member shall not as such be subject to any such Act dur ing his t e rm of office.
(8c) A person who, a t the da te of h is
appoin tment as pres ident , is an officer of the Public Service and who ceases to be pres ident from any cause whatsoever other wise than in pursuance of subsection five or six of this section ( p a r a g r a p h (d) of subsection six excepted) , shall if he is unde r the age of sixty yea r s be appoin ted to some office in the Publ ic Service not lower in classification and sa la ry t han tha t which he held immediate ly before his appoin tment
as pres ident .
(8D)
(8D) (a) Nothing contained in th is Act shall affect the r igh ts accrued or accruing under the Public Service Act, 1902, or under the Superannua t ion Act, 1916, or any Act amending such Acts , to any person appointed as pres ident who is a t the t ime of bis appoin tment or has been a t any t ime previous there to an officer of the Publ ic Service or an employee within the meaning of the Superannua t ion Act, 1916, or any amendment thereof.
(b) A n y officer of the Publ ic Service or any person who is an employee within the meaning of the Supe rannua t ion Act, 1916, or any amendment thereof, who is appoin ted as p res iden t shall continue to contr ibute to any fund or account and shall be entit led to receive any defer red or extended leave and any payment , pension or g ra tu i ty as if he were an officer or employee within the meaning of the Public Service Act, 1902, or the Superannua t ion Act, 1916, as the case may be, or any Act amending such Acts , and for such purpose his service as pres ident shall be deemed to be service for the purpose of such Acts .
Any pe rmanen t se rvant whose sa la ry was increased before the commencement of this Act and af ter he a t ta ined the age of fifty yea r s may, in such manner and within such t ime as m a y be prescr ibed, elect t ha t the provisions of p a r a g r a p h (a) of subsection (3A) of section th i r teen of the Local Government and Other Author i t i es (Superannua t ion) Act, 1927-1954, shall apply, muta t i s mutandis , to and in respect of such increase or any p a r t of such increase, and thereupon such provisions shall apply to and in respect of such increase or p a r t .
3 .
4 . The amendment made by subparagraph (iv) of paragraph (d) of section two of this Act shall not apply to any member of the board while he holds office by virtue of an appointment made before the commencement of this Act.
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