Local Government Superannuation Act of 1964 (Qld)

417 (>$ueenslan t ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 47 of 1964 An Act to Provide for the Superannuation of Permanent Employees of Local Authorities and for other purposes [ASSENTED TO 30TH NOVEMBER, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- PART I-PRELIMINARY 1. (1) Short title . This Act may be cited as " The Local Government Superannuation Act of 1964." (2) Commencement of Act. Except as herein otherwise provided, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Parts of Act . This Act is divided into Parts as follows:- PART I-PRELIMINARY ( SS. 1-4); PART II -EXISTING SUPERANNUATION SCHEMES (SS. 5-10); PART III-ADMINISTRATION ( SS. 11-18); PART IV-INSURANCE ( SS. 19-36); PART V-PROVIDENT FUND (ss. 37-50); PART VI-MISCELLANEOUS (ss. 51-78). 14

418 Local Government Superannuation Act of 1964, No. 47 3. Meanings of terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- " Actuary "-A Fellow or Associate of the Institute of Actuaries (London), or a Fellow or Associate of the Faculty of Actuaries (Edinburgh), or any other person of whose actuarial knowledge and experience the Governor in Council approves; " Board "-The Local Government Superannuation Board constituted by and under this Act; " Existing superannuation scheme "-A superannuation scheme, or a benefit or provident fund established by a Local Authority for the benefit of its employees before the commencement of this Act; " Fund "-The Local Government (Employees) Provident Fund established and kept under Part V of this Act; " Insurance company "-Any company, society or body of persons incorporated or regulated, or enabled to sue and be sued, by any charter or Act and associated together with the object solely, or amongst others, of granting policies upon lives or entering into contracts for future endowment by way of annuities or otherwise: The term includes the State Government Insurance Office (Queensland) as deemed to be established and as incorporated under " The State Government Insurance Office (Queensland) Act of 1960 "; " Insurer "-The insurance company approved for the purposes of this Act by the Governor in Council, pursuant to the provisions of section four of this Act; Local Authority "-A Local Authority or Joint Local Authority constituted under " The Local Government Acts, 1936 to 1963 ": The term does not include Brisbane City Council; " Minister "-The Minister for Local Government and Conservation or other Minister of the Crown for the time being charged with the administration of this Act; " Part "-A Part of this Act; " Permanent employee "-Any of the following classes of employees of a Local Authority: (a) Any employee who has been in the continuous employment of a Local Authority or Local Authorities for a period of not less than twelve months; and (b) Any employee declared in writing by a Local Authority to the Board to be a permanent employee for the purposes of this Act: The term does not include any employee or class of employees engaged on constructional work and whose length of employment is or is likely to be dependent on the duration of that work " Salary "-The payment made by a Local Authority to a permanent employee by way of fixed remuneration for his work or services during any one year: The term includes wages but does not include any sums paid by way of fees, allowances , overtime, bonus, war-loading or special grant; " This Act "-Includes this Act and any Proclamation, Order in Council or regulation made hereunder or any order or notice made or given hereunder or under any such Proclamation, Order in Council or regulation;

Local Government Superannuation Act of 1964, No. 47 419 " Year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next following year. 4. Approval of insurance company. The Governor in Council may from time to time by notification published in the Gazette on the recommendation of the Board, approve an insurance company for the purposes of this Act and thereupon that insurance company shall be the insurance company with which insurances under Part IV of this Act shall be effected. PART II-EXISTING SUPERANNUATION SCHEMES 5. Existing superannuation schemes as at commencement of Act. Subject to this, Part- (a) the provisions of this Act shall not apply or extend to any permanent employee who, at the commencement of this Act, is a contributor to or subject to an existing superannuation scheme; and (b) every existing superannuation scheme shall, notwithstanding the passing of this Act, continue in operation and to have full force and effect: Provided that on and after the commencement of this Act- (a) every existing superannuation scheme shall be closed to all new applicants; and (b) no Local Authority shall- (i) establish or be a party to the establishment of a new superannuation scheme, or a benefit or provident fund for the benefit of its employees, save and except the scheme established under this Act; or (ii) contribute to any superannuation scheme, or a benefit or provident fund for the benefit of its employees other than an existing superannuation scheme or the scheme established under this Act. 6. Local Government Superamnuntion Board to take over existing superannuation schemes. (1) Notwithstanding the provisions of section five of this Act, the Local Government Superannuation Board constituted by and under this Act shall and is hereby required to take over (as soon as it deems expedient) all existing superannuation schemes for absorption in the scheme to be established in pursuance of the provisions of this Act and thereupon such existing superannuation schemes shall subject to this section cease to have any force and effect. (2) The taking over of existing superannuation schemes- (a) may be effected by the Board at one and the same time or from time to time, as it deems expedient; and (b) shall not affect or disturb all or any rights, liabilities and obligations accruing to any Local Authority, insurance company, permanent employee or other person whomsoever under any such scheme and such rights, liabilities and obligations shall continue in force notwithstanding such taking over. (3) Without limiting the generality of the provisions of paragraph (b) of subsection (2) of this section, it is hereby declared and directed that the taking over by the Board of an existing superannuation scheme shall not affect or disturb the administration of any welfare fund or other like

420 Local Government Superannuation Act of 1964, No. 47 fund established thereunder and all such funds shall continue to be administered by the trustees of such scheme as if that scheme had not been so taken over. (4) In arranging for the taking over of any existing superannuation scheme the Board shall make with any insurance company concerned all such arrangements as will ensure that the rights thereunder of any permanent employee of the Local Authority which established the scheme will not be prejudiced or affected in any way by reason only of his transfer to the permanent employment of another Local Authority. 7. Limitation of contributions by Local Authority under existing superannuation scheme taken over by the Board . (1) Where- (a) in pursuance of the provisions of section six of this Act, the Board takes over an existing superannuation scheme and the total annual contribution payable by the Local Authority concerned towards the premium payable in respect of a policy of insurance effected by a permanent employee thereunder was, immediately prior to such take over, in excess of three and one-half pounds per centum of his salary; and (b) such employee subsequently transfers to the service of another Local Authority, the contribution payable by the Local Authority to which he so transfers towards such premium shall be limited to three and one-half pounds per centum of his salary, and the Board shall accordingly make any necessary adjustment of insurance effected by him: Provided that such employee may, within the prescribed time, notify the Board that he is prepared to meet the excess contribution payable by the Local Authority by which he was previously employed, and, whilst he meets the excess contribution so payable, no adjustment of insurance shall be made by the Board. (2) Where- (a) in pursuance of the provisions of section six of this Act, the Board takes over an existing superannuation scheme and the total annual contribution payable by the Local Authority concerned to a benefit or provident fund established thereunder was, prior to such take over, in respect of any employee, in excess of three and one-half pounds per centum of his salary; and (b) such employee subsequently transfers to the service of another Local Authority, the contribution payable by the Local Authority to which he so transfers to the Provident Fund established under Part V of this Act shall, in respect of that employee, be limited to three and one-half pounds per centum of his salary: Provided that such employee may, within the prescribed time, notify the Board that he is prepared to meet the excess contribution payable by the Local Authority by which he was previously employed. 8. When employee contributing for life insurance under existing scheme to increase such contribution . (1) Where, immediately prior to the taking over by the Board of an existing superannuation scheme,- (a) any permanent employee has his life insured under such scheme; and (b) the total annual contributions payable by the Local Authority or by the employee concerned under such scheme towards the premium payable in respect of the policy of insurance

Local Government Superannuation Act of 1964, No. 47 421 in question are, or both such annual contributions are respectively, less than three and one-half pounds per centum of his salary, he shall within the prescribed time effect insurance under Part IV for such an amount of cover as will be provided, having regard to the then age of the employee, by the payment by such Local Authority, or by him, or by them respectively of such amount or amounts of premium as will together with the contributions made by them respectively towards the premium payable under his subsisting policy amount in each case to three and one-half pounds per centum of his salary: Provided that in any case where- (i) at the time he is so required to effect insurance, the employee concerned had attained the age of fifty-five years.in the case of a male or fifty years in the case of a female; or (ii) the employee concerned, being a female (other than a female mentioned in paragraph (i) of this proviso) so elects; or (iii) the premium which would be payable in respect of the increase in insurance cover to be so effected would be at other than the standard rate or such cover would be granted only upon conditions which, in the opinion of the Board, would, in the particular circumstances, impose an undue burden on the employee, the employee concerned shall, within the prescribed time and in the prescribed manner, make application to the Board to become a contributor to the Provident Fund to be established and kept under Part V of this Act for such a contribution as will, together with the contributions made by the Local Authority and by him respectively towards the premium payable under his subsisting policy, amount in each case to three and one-half pounds per centum of his salary. (2) Any additional payments, by way of premiums for insurance required to be made under this section, under Part IV of this Act, or by way of contributions to the Provident Fund under Part V of this Act required by this section to be made by a Local Authority or a permanent employee, shall be the sole responsibility of the Local Authority or the employee concerned, as the case may be. 9. When employee contributing for benefit under existing scheme to increase his contribution . (1) Where, immediately prior to the taking over by the Board of an existing superannuation scheme,- (a) any permanent employee is a contributor to a benefit or provident fund established under such scheme; and (b) the total annual contributions to such fund by the Local Authority in respect of such employee or by the employee concerned are, or both such total annual contributions are respectively, less than three and one-half pounds per centum of his salary, he shall, within the prescribed time and in the prescribed manner, make application to the Board to become a contributor to the Provident Fund to be established and kept under Part V for such a contribution as will, together with the contributions made by the Local Authority and by him respectively under the existing superannuation scheme, amount in each case to three and one-half pounds per centum of his salary. (2) Any additional payments by way of contributions to the Provident Fund under Part V required by this section to be made by a Local Authority or a permanent employee, shall be the sole responsibility of the Local Authority or the employee concerned, as the case may be.

422 Local Government Superannuation Act of 1964, No. 47 10. Application of Act to insurance or contribution to the Fund under this Part . In so far as they are not inconsistent with this Part, the provisions of this Act shall apply and extend- (a) to all policies of insurance and all contributions to the Provident Fund effected under this Part; and (b) to all policies of insurance and all contributions to a benefit or provident fund effected under an existing superannuation scheme taken over by the Board pursuant to the provisions of this Part, as if such policies of insurance and such contributions had been effected under Part IV or Part V, as the case may be. PART III-ADMINISTRATION 11. Commencement of Part . This Part of this Act shall come into force on the date of the passing of this Act. 12. Local Government Superannuation Board . (1) This Act shall be administered by the Minister and, subject to the Minister, by a Board to be called " The Local Government Superannuation Board". The Board may be constituted at any time after the commencement of this Act. (2) The Board shall consist of three members as follows:-- (a) a person nominated by the Minister who shall be the chairman of the Board; (b) a person nominated by the Executive Committee of the Local Government Association of Queensland; and (c) a person nominated by the Queensland State Branch of the Municipal Officers' Association of Australia. (3) Each member of the Board shall, subject to subsection (2) of this section, be appointed by the Governor in Council by notification published in the Gazette, and shall be appointed for such period of time as the Governor in Council shall deem fit and proper. Any member shall be eligible for reappointment. (4) The Governor in Council may, by notification published in the Gazette, remove from office any member of the Board for any cause which he deems sufficient. (5) If at any time any body specified in subsection (2) of this section fails, within twenty-one days after being thereunto called upon in writing by the Minister, to make a nomination as aforesaid, the Governor in Council may appoint a member without such nomination. (6) (a) The office of a member of the Board shall- (i) commence on the date of his appointment thereto; and (ii) become vacant at the conclusion of the period for which he was appointed unless sooner vacated as hereinafter provided. (b) The office of a member of the Board shall be vacated if such member- (i) dies or becomes mentally sick; (ii) becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

Local Government Superannuation Act of 1964, No. 47 423 (iii) is absent without leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to him; (iv) resigns his office by writing under his hand addressed to the Minister (such resignation shall be complete and shall take effect from the time when it is received by the Minister); (v) is convicted of an indictable offence; or (vi) is removed from office by the Governor in Council by notification published in the Gazette in pursuance of the provisions of subsection (4) of this section: Provided that the non-attendance of a member at the time and place appointed for a meeting shall not be deemed to constitute absence from such meeting unless a meeting of the Board at which a quorum is present is actually held on that day: Provided further that the attendance of any member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that, by reason that no quorum is present, no meeting is actually held on that day, and the secretary to the Board shall enter in the minute book the names of all members who so attend. (7) When a vacancy occurs in the office of a member of the Board otherwise than by effluxion of time, the Governor in Council shall, by notification published in the Gazette, appoint for such time as he deems fit and proper another person to be a member of the Board in the place of the member whose office has become vacant. Any such appointment shall be made on the nomination of the person or body by which the nomination of the person whose office has been vacated was made. If at any time any body specified in subsection (2) of this section fails, within twenty-one days after being thereunto called upon in writing by the Minister, to make a nomination as aforesaid, the Governor in Council may appoint a member without such nomination. (8) If any member of the Board is, at any time prevented by absence, illness or otherwise from performing the duties of his office, the Minister may appoint a deputy to act for such member during such time as he is so prevented from performing such duties, and every deputy so appointed, whilst so acting, shall have and may exercise all the powers, authorities and functions, and shall perform all of the duties of the member in whose place he acts, save that the deputy for the chairman shall not preside at any meeting of the Board. (9) No person shall be concerned to enquire whether or not any occasion has arisen requiring or authorizing a person to act in the place of a member or as to the necessity or propriety of any appointment of a deputy, and all acts or things done or omitted by a person when so acting as aforesaid shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the member in whose place such person is acting. 13. Board to be body corporate . (1) The Board shall be a body corporate under the name and style prescribed as aforesaid, and by that name shall have perpetual succession and an official seal, and shall, subject to and for the purposes of this Act, be capable in law of suing

424 Local Government Superannuation Act of 1964, No. 47 and being sued in its corporate name and of acquiring, holding, leasing, and disposing of property, real and personal, movable and immovable, and of doing and suffering all such other acts, matters and things, as bodies corporate may by law do and suffer. (2) All courts, judges and persons acting judicially shall take judicial notice of all appointments of members, including the chairman, of the Board and of any deputy for any member, including the chairman, of the Board, and of their respective signatures, as well as of the appointment of the secretary of the Board and of his signature, and of the seal of the Board affixed to any document or other writing whatsoever, and, until the contrary is proved, shall presume that every such signature or such seal, as the case may be, was duly affixed to any document or other writing whatsoever. 14. Payment of members . Each member of the Board shall receive such payment, if any, as the Governor in Council may from time to time determine, and either by way of remuneration or allowances for expenses, or both. Any such determination may from time to time be revoked or amended. 15. Where holder of statutory office appointed to Board. Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of a member or deputy for a member of the Board under this Act or from accepting and retaining any payment payable to a member pursuant to a determination of the Governor in Council under section fourteen of this Act. 16. Secretary . (1) The Board shall from time to time appoint a secretary to the Board. (2) The secretary shall be the executive officer of the Board and shall receive such remuneration as the Board may from time to time determine. (3) The secretary shall have, exercise and perform such powers, authorities, duties and functions as may be prescribed or, in so far as not prescribed, as the Board may authorize or direct. (4) The secretary shall have custody of the official seal of the Board and, subject to the Board, have power to execute documents and other writings whatsoever on behalf of the Board and affix the seal of the Board thereto or to any of them. 17. (1) Meetings of the Board . The Board shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time determine. (2) Quorum . Not less than two members of the Board shall form a quorum at any meeting of the Board, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and shall have and may exercise and perform all the powers, authorities, duties and functions of the Board.

Local Government Superannuation Act of 1964, No. 47 425 For the purpose of this subsection a deputy for a member of the Board shall be deemed a member thereof. (3) Chairman . The chairman shall preside at all meetings of the Board at which he is present. If the chairman is absent from any duly convened meeting, the members present shall elect one of their number (who shall not be the deputy for the chairman or any other member), to preside at the meeting. The person presiding at any meeting of the Board shall have a vote and, where there is an equal division of votes, he shall have a second or casting vote. (4) Validity of proceedings . No act or proceeding of the Board shall be invalid or illegal in consequence only of the number of the members of the Board not being complete at the time of such act or proceeding. All acts and proceedings of the Board shall, notwithstanding any defect in the appointment of any member or deputy for a member thereof, or that any member or deputy for a member was disqualified or disentitled to act, be as valid as if every such member or deputy had been duly appointed and was qualified and entitled to act and had acted as a member or deputy for a member of the Board and as if the Board had been properly and fully constituted. 18. Board may appoint advisors and advisory committees and administrative officers. (1) The Board may from time to time appoint a person or persons, or committee or committees to advise it on such matters within the scope of its functions as are referred to such person or persons or committee or committees by the Board and may fix and pay to any such person and each or any member of such committee such sum or sums as remuneration for his or their services as the Board may determine. (2) A person may be appointed to be a member of a committee under this section notwithstanding that he is not a member of the Board. (3) The Board may also appoint from time to time any such persons, either full time or part time, as it may deem expedient for the purpose of carrying out clerical work for the Board in its administration of this Act and may terminate any such appointment. The said persons shall be paid such remuneration as is fixed from time to time by the Board and whilst employed by the Board such persons shall be under the control of the secretary to the Board. PART IV-INSURANCE 19. Application of Part IV. (1) This Part shall apply to every permanent employee who- (a) is an acceptable risk to the insurer (not being an acceptable risk at other than the standard rate or on conditions which, in the opinion of the Board, would, in the particular circumstances, impose an undue burden on the employee) and who at the date of his proposal for insurance under this Part- (i) being a male, had not then attained the age of fifty-five years; or (ii) subject to the provisions of paragraph (c) of subsection (1) of section thirty-seven of this Act, being a female, had not then attained the age of fifty years; and

426 Local Government Superannuation Act of 1964, No. 47 (b) is not exempted from the application of this Part pursuant to the provisions of this Act: Provided that, subject to the provisions of Part II, this Part shall not apply or extend to any permanent employee who, at the coming into operation of this Part, was a contributor to or subject to an existing superannuation scheme: Provided further that this Part shall not apply or extend to any other permanent employee who, at the coming into operation of this Part, had attained the age of sixty-five years, in the case of a male permanent employee, or sixty years, in the case of a female permanent employee. (2) The Board may, in any special case, on application being made to it as prescribed, if it is of the opinion that it is for the benefit of any permanent employee, exempt such employee from the application of this Part either indefinitely or for such period as it thinks fit. 20. Employee to effect endowment insurance . (1) Every permanent employee to whom this Part applies shall effect, as herein provided, with the insurer within the time prescribed, insurance by means of a participating endowment insurance policy on his life maturing, in the case of males at the age of sixty-five years or previous death, and in the case of females at the age of sixty years or previous death. (2) The amount of insurance so effected shall be the amount which would be procured by premium payments equal to seven pounds per centum of the salary of the employee. 21. (1) When insurance cover to be increased . When and so often as the salary of a permanent employee to whom this Part applies is increased by an amount of at least fifty pounds per annum over that prevailing at the date of his first effecting insurance under this Part or the date of the last adjustment of insurance cover under this section, he shall, within the prescribed time, effect additional insurance with the insurer for such an amount as will be procured, having regard to the then age of the employee, by the payment of additional premium equal to seven pounds per centum of such increase in salary: Provided that, in any case where- (i) before such increase in salary the employee concerned had attained the age of fifty-five years in the case of a male or fifty years in the case of a female; or (ii) the employee concerned, being a female (other than a female mentioned in subparagraph (i) of this proviso) so elects; or (iii) the additional premium which would be payable in respect of the increase in insurance cover to be so effected would be at other than the standard rate, or such cover would be granted only upon conditions which, in the opinion of the Board, would, in the particular circumstances , impose an undue burden on the employee, Part V shall apply to and with respect to such employee in relation to so much of his salary as exceeds the salary appropriate to the insurance premium being paid in respect of him before such increase in all respects as if such excess (including any subsequent increase in salary) were his salary, but without affecting the continued application of Part IV to and with respect to such employee in relation to so much only of his salary as is appropriate to the insurance premium being paid in respect of him before such increase.

Local Government Superannuation Act of 1964, No. 47 427 (2) When insurance cover may be decreased . When and so often as the salary of a permanent employee to whom this Part applies is decreased by an amount of at least fifty pounds per annum below that prevailing at the date of his first effecting insurance under this Part or the date of the last adjustment of insurance cover under this section, the Board, on being so requested in writing by the Local Authority or the employee, shall reduce the premium payable in respect of such employee by an amount equal to seven pounds per centum of such decrease in salary, in which case the amount of insurance cover shall be reduced accordingly: Provided that the amount of insurance cover shall not be so reduced where the permanent employee concerned notifies the Board within the prescribed time that he is prepared to meet the premium payable by the Local Authority and him in respect of the amount of the decrease in his salary and whilst he meets the premium so payable. 22. How insurance cover to be effected . (1) Proposals for insurance under this Part shall be signed by the permanent employee and be lodged with the Board by the Local Authority concerned. As agents for the proponents the Board may agree with the insurer for the issue of the policies applied for. (2) All such policies and all notices of bonuses applicable thereto shall be delivered to and, save as otherwise provided by or under this Part, be held by the Board until the policy moneys are payable on maturity when the Board shall collect such moneys from the insurer and shall deal with them as provided by or under this Act. (3) All moneys payable on the maturity of policies of insurance effected under this Part shall be paid by the insurer to the Board whose receipt shall be a sufficient discharge to the insurer for the payment of such moneys and for the release of the insurer from any further liability in respect of such policies. 2-3. Board may accept existing life insurance cover . (1) Any permanent employee to whom this Part applies who, before the commencement of this Part, had his life insured may make arrangements with the Board for the acceptance of his subsisting policy or policies in lieu, or partly in lieu, of effecting insurance under this Part: Provided that the Board shall not accept any subsisting policy or policies where such policy or policies is or are assigned, transferred, surrendered, mortgaged, charged or encumbered in any manner whatsoever. (2) If the Board accepts any policy or policies in pursuance of the provisions of subsection (1) of this section, the permanent employee concerned shall, within twenty-eight days after having been notified in writing by the Board of its acceptance thereof, lodge such policy or policies with the Board and thereupon such policy or policies shall, for the purposes of this Act, be deemed to be policies effected under this Part. (3) Where any such permanent employee does not, within the time prescribed by subsection (2) of this section, lodge such policy or policies with the Board, the Board may, by notice in writing to the employee, revoke its acceptance and thereupon this Part shall have effect with respect to such employee as if such policy or policies had not been accepted.

428 Local Government Superannuation Act of 1964, No. 47 24. Limit of liability of Local Authority in respect of insurance cover accepted under s. 23 . Where the total annual contribution payable under this Part by a Local Authority towards the premium payable in respect of any policy or policies accepted by the Board in pursuance of the provisions of section twenty-three of this Act would, but for this provision, be in excess of three and one-half pounds .per centum of the salary of the permanent employee concerned, such contribution shall, nevertheless, be limited to three and one-half pounds per centum of such salary and the employee shall be personally responsible for such excess. 25. When subsisting insurance cover accepted by Board to be increased. Where the amount or aggregate of the annual premium or annual premiums payable in respect of any policy or policies accepted by the Board in pursuance of the provisions of section twenty-three of this Act is less than seven pounds per centum of the salary of the permanent employee concerned, such employee shall, within the time prescribed, effect additional insurance with the insurer (being the insurance company approved in pursuance of section four of this Act) for such an amount of cover, having regard to the then age of the employee, as will be procured by the payment of such amount of premium as will together with the premium or premiums payable under his subsisting policy or policies amount to seven pounds per centum of his salary: Provided that in any case where- (i) at the time he is so required to effect additional insurance, the employee concerned had attained the age of fifty-five years in the case of a male or fifty years in the case of a female; or (ii) the employee concerned, being a female (other than a female mentioned in paragraph (i) of this proviso) so elects; or (iii) the premium which would be payable in respect of the additional insurance to be so effected would be at other than the standard rate or such additional insurance would be effected only upon conditions which, in the opinion of the Board, would, in the particular circumstances, impose an undue burden on the employee, the employee concerned shall within the prescribed time and in the prescribed manner, make application to the Board to become a contributor to the Provident Fund to be established and kept under Part V for such a contribution as will, together with the contributions made by the Local Authority and by him respectively towards the annual premium or annual premiums payable under his subsisting policy or policies amount in each case to three and one-half pounds per centum of his salary. 26. Policies of insurance not to be assigned , &c. No policy effected under this Part or deemed to be effected under this Part and no bonus declared in respect thereof shall be assigned, transferred, surrendered, mortgaged, charged or encumbered in any manner whatsoever, so long as the employee concerned is employed by any Local Authority or the policy is held by the Board. 27. Local Authority to pay premiums on insurance cover under this Part. (1) Where a permanent employee to whom this Part applies effects insurance in accordance with the provisions of this Part, the Local Authority for the time being employing him shall duly and punctually pay to the Board for payment to the insurer the amount of all premiums which become payable in respect of the employee under this Part until such time as the Local Authority in writing in the prescribed form notifies the Board that the employee has ceased to be employed by the Local Authority.

Local Government Superannuation .Act of 1964, No. 47 429 (2) The Board may fix a date or dates upon which premiums payable to it in pursuance of subsection (1) of this section are to be paid by the Local Authority, and may from time to time vary such date or dates as it thinks fit. (3) All premiums payable by a Local Authority to the Board in pursuance of subsection (1) of this section shall be paid on or before the date or dates fixed by the Board in pursuance of subsection (2) of this section. (4) Interest at a rate to be prescribed, calculated on a daily basis, shall be paid by a Local Authority on any premium not paid by it on or before the date or des fixed by the Board. Such interest shall be recoverable by the Board in the same manner as premiums are recoverable pursuant to the provisions of this Act and such interest shall not be chargeable by the Local Authority to the insured employee. The Board may, in any particular case for any reasonable cause, remit payment of such interest. (5) Where a Local Authority fails to pay any amount of premium payable to the Board in pursuance of subsection (1) of this section within the time fixed by the Board in pursuance of subsection (2) of this section, the Board may recover such unpaid amount from the Local Authority by action as for a debt in any court of competent jurisdiction, and, pending recovery, may without prejudice to such action pay to the insurer any such premium- (a) out of the Local Government (Employees) Insurance Fund established under this Part; or (b) out of any account subsidiary thereto and kept by the Board for the payment of premiums; or (c) out of such moneys borrowed by way of overdraft by the Board (who is hereby thereunto authorized) for that purpose; or (d) in such manner as may be agreed upon between the Board and the insurer. 28. Board may pay premium where employee temporarily out of work. (1) In the case of any permanent employee deemed by the Board to be only temporarily out of employment (and for such period as it so deems) the Board at the request of that employee may pay to the insurer such premiums as are necessary to retain any existing insurance effected in accordance with this Act by such employee. (2) Interest calculated at a rate to be prescribed shall be payable by the permanent employee concerned upon all moneys paid by the Board in pursuance of the provisions of subsection (1) of this section. (3) All premiums paid by the Board in pursuance of the provisions of subsection (I) of this section, together with interest thereon payable in pursuance of the provisions of subsection (2) of this section, shall be recoverable from the permanent employee concerned- (a) in the same manner as the Board may validly recover moneys from a Local Authority under this Part; or

430 Local Government Superannuation Act of 1964, No. 47 (b) by requiring the Local Authority (in whose employment the permanent employee may be from time to time ) to deduct the amount of such premiums and such interest from any salary or other moneys payable by it from time to time to such employee, and until payment to the Board has been thereby effected all moneys outstanding shall be a charge upon the policy concerned and upon all moneys to be received thereunder. 29. Liability of employees for premiums paid by Local Authority. (1) Subject to this Act every permanent employee in respect of whom a Local Authority has paid any premium under this Part shall be liable to the Local Authority for the amount of one-half thereof. (2) Notwithstanding the provisions of any other Act, the Local Authority may deduct such amount or any part thereof from any sum which may be or may become due by the Local Authority to such permanent employee by way of salary or otherwise by periodical instalments as prescribed. (3) The Local Authority may sue for and recover by action as for a debt in any court of competent jurisdiction any amount due by any permanent employee in respect of premiums paid by the Local Authority in respect of that employee under this Part which it may not have recovered by deductions from salary or otherwise as aforesaid. 30. Apportionment between Local Authority of liability for premiums consequent on transfer of employment . (1) Where a permanent employee to whom this Part applies leaves the service of one Local Authority and forthwith enters the service of another Local Authority, the Board shall certify to the Local Authorities concerned the proportions of the premium payable (in respect of that employee for the year in which such change takes place) for which such Local Authorities shall respectively be liable under this Part and the respective amounts so certified shall be paid by each such Local Authority to the Board accordingly. (2) Where the firstmentioned Local Authority has paid the whole, or, as the case may be part of the premium in respect of the employee for the year in which such change takes place, such Local Authority shall be entitled to recover from the other Local Authority the amount so certified by the Board as aforesaid as payable by the other Local Authority. 31. Local Government ( Employees) Insurance Fund . (I) There shall be established and kept by the Board a Local Government (Employees) Insurance Fund into which shall be paid the premiums paid to the Board by Local Authorities under this Part and from which shall be paid to the insurer premiums on policies effected or deemed to be effected under this Part. (2) The Board shall keep a separate bank account for the Local Government (Employees) Insurance Fund and cheques drawn on such account shall be signed as prescribed.

Local Government Superannuation Act of 1964, No. 47 431 32. When benefits under insurance cover payable . (1) Subject to this Act, when a permanent employee who has effected or is deemed to have effected insurance under this Part- (a) being a male reaches the age of sixty-five years; or (b) being a female reaches the age of sixty years; or (c) sooner dies, such permanent employee or, in the event of death, his or her personal representative shall be entitled to receive from the Board the full amount of the moneys payable under this Act in respect of the insurance effected by him or her: Provided that, where any such permanent employee continues in the employment of a Local Authority, after reaching the age of sixty-five years or, in the case of a female, sixty years the Board may, pursuant to Part VI upon the request in writing of such employee, agree to retain such moneys until the actual retirement of such employee. (2) No amount payable under this section shall be in any way assigned or charged or passed by operation of law to any person other than the permanent employee entitled thereto or his legal personal representatives (as the case may be) nor shall any such amount payable on the death of any permanent employee be assets for the payment of his debts or liabilities. 33. Subsisting insurance cover held by employee to whom Part V applies . (1) Notwithstanding anything contained in this Act, where any permanent employee to whom Part V applies, had, at the commencement of this Part, his life insured, such permanent employee may make arrangements with the Board for the acceptance of his subsisting policy or policies of such insurance for the purposes of this Part: Provided that the Board shall not so accept any such subsisting policy or policies which is or are assigned , transferred, surrendered, mortgaged, charged or encumbered in any manner whatsoever. (2) If the Board accepts such policy or policies, the permanent employee shall lodge the policy or policies with the Board and thereupon such policy or policies shall, for the purposes of this Act, be deemed to be a policy or policies effected under this Part. (3) Where any such permanent employee does not, within twenty- eight days after having been notified in writing by the Board of the acceptance by the Board of any such policy or policies, lodge such policy or policies with the Board, the Board may, by notice in writing to the employee, revoke its acceptance and thereupon the provisions of Part V shall have effect with respect to such employee as if such policy or policies had not been accepted. 34. Limit of liability of Local Authority in respect of premium of policy accepted under s. 33. Where the total annual contribution payable under this Part by a Local Authority towards the premium payable in respect of any policy or policies accepted by the Board in pursuance of the provisions of section thirty-three of this Act would, but for this section, be in excess of three and one-half pounds per centum of the salary of the permanent employee concerned, such contribution shall, nevertheless, be limited to three and one-half pounds per centum of such salary, and the employee shall be personally responsible for such excess.

432 Local Government Superannuation Act of 1964, No. 47 35. Contributions under Part V in respect of employee holding policy to which s. 33 applies . Where the amount or aggregate of the annual premium or annual premiums payable in respect of any policy or policies accepted by the Board in pursuance of the provisions of section thirty-three of this Act is less than seven pounds per centum of the salary of the employee concerned, the difference between such amount or aggregate and seven pounds per centum of such salary shall be deemed to be the amount of the annual contribution to be made under Part V in respect of such employee and Part V shall, with and subject to all necessary adaptations, apply and extend to such employee accordingly. 36. Regulations with respect to insurance under this Part . The power to make regulations under this Act shall include power to make provision by regulations under this Act for or with respect to- (a) the delivery of policies by the Board to permanent employees ceasing to be employed by a Local Authority during the currency of policies, the payment of moneys in respect of policies of permanent employees dying during the currency of such policies and the payment and adjustment of moneys paid or payable in respect of policies and premiums; (b) the cancellation of or other dealings with policies of permanent employees ceasing to be employed by a Local Authority during the currency of policies in cases where such employees do not notify the Board as prescribed of their desire to take over policies and, in the event of such policies being surrendered by the Board, the application of the surrender value of policies upon cancellation; (c) the cancellation of or other dealings with policies of permanent employees ceasing to be employed by a Local Authority during the currency of policies in cases where such employees do notify the Board as prescribed of their desire to take over policies but fail within the prescribed period to pay to the Board any amounts certified by the Board to be due by such employees to the Board or to any Local Authority under this Act, and, in the event of such policies being surrendered by the Board, the application of the surrender values of such policies on cancellation after deducting any such amounts therefrom; and (d) payments to Local Authorities and permanent employees where policies have no surrender value but the Board has received commission from the insurer in respect of such policies. PART V-PROVIDENT FUND 37. Application of Part V . (1) This Part shall apply to every permanent employee who- (a) at the date of his application to become a contributor to the Fund- (i) being a male had attained the age of fifty-five years; or (ii) being a female had attained the age of fifty years; or (b) has lodged with the Board a proposal for insurance in pursuance of the provisions of Part IV which the insurer will not accept or will only accept at other than the standard premium rate or on conditions which, in the opinion of the Board, would in the particular circumstances impose an undue burden on the employee; or

Local Government Superannuation Act of 1964, No. 47 433 (c) is a female (other than a female included in paragraphs (a) or (b) of this subsection) and who elects within the prescribed time and manner that this Part should apply to her, whereupon such employee shall be exempted from the application of Part IV; and (d) is not exempted from the application of this Part pursuant to the provisions of this Act: Provided that, subject to the provisions of Part II, this Part shall not apply or extend to any permanent employee who, at the coming into operation of this Part, was a contributor to or subject to an existing superannuation scheme: Provided further that this Part shall not apply or extend to any other permanent employee who, at the coming into operation of this Part, had attained the age of sixty-five years in the case of a male permanent employee, or sixty years, in the case of a female permanent employee. (2) The Board may, in any special case, on application being made to it as prescribed, if it is of the opinion that it is for the benefit of any permanent employee, exempt such employee from the application of this Part either indefinitely or for such period as it thinks fit. (3) Where a permanent employee referred to in paragraph (b) of subsection (1) of this section is subsequently informed by the insurer that it will accept his proposal for insurance and that the premium charged in respect of the policy will be at the standard premium rate, such employee may, if he has not then attained the age of fifty-five years being a male or fifty years being a female, elect in the prescribed manner to effect insurance in accordance with Part IV and to discontinue his contributions to the Fund. (4) Upon insurance in accordance with Part IV being effected by a permanent employee to whom subsection (3) of this section applies- (a) the provisions of this Part requiring the Local Authority to make contributions to the Fund shall cease to apply to or in respect of such permanent employee; and (b) there shall be refunded by the Board to the Local Authority which has made the contribution to the Fund as required by this Part in respect of such permanent employee for the year current at the date upon which such insurance is effected such proportion of that contribution as is attributable to the portion of that year which is unexpired at that date. 38. When employee to apply to contribute to Fund . Every permanent employee to whom this Part applies shall, within the prescribed time and in the prescribed manner, make application to the Board to become a contributor to the Fund. 39. Local Government ( Employees ) Provident Fund . (1) There shall be established and kept by the Board a " Local Government (Employees) Provident Fund " into which shall be paid the contributions and out of which shall be paid the gratuities provided for in this Part. The balance in any benefit or provident fund established under an existing superannuation scheme taken over by the Board pursuant to Part II shall also be paid into the Local Government (Employees) Provident Fund. Interest derived from the investment of the Fund shall form part thereof.

434 Local Government Superannuation Act of 1964, No. 47 (2) The Board shall keep a separate bank account for the Local Government (Employees) Provident Fund and cheques drawn on such account shall be signed as prescribed. (3) The Board shall, in each year, allocate from the Local Government (Employees) Provident Fund towards the management expenses of the Board such amount as bears the same proportion to the total management expenses of the preceding year as the number of permanent employees participating in the Fund at the end of that year bears to the aggregate obtained by adding such number to the number of permanent employees in respect of whom policies of insurance effected under Part IV were in force at the end of that year. Such amount shall be paid to the Local Government (Superannuation) Management Fund established under Part VI. 40. Reserve Account. (1) The Board may transfer such amount as it deems necessary from the interest earned in any year on investments of the Fund and any discounts received in such year in connection with the purchase of or profit made on the sale of any security or premium paid or allowed in connection with the conversion of any security to a Reserve Account for the purpose of providing for the adjustment of the difference (if any) between the cost price and selling price on realisation of any investment of the Fund made by the Board pursuant to this Act. (2) The Board shall keep a separate bank account for any Reserve Account established pursuant to this section and cheques drawn on such account shall be signed as prescribed. (3) The moneys at credit of such Reserve Account may be invested by the Board in any of the ways provided in this Part for the investment of the Fund and any interest so earned shall be paid to such Reserve Account. (4) The Board may, at its discretion, at any time- (i) utilise such Reserve Account or any part thereof for the purpose for which it was established; and (ii) allocate out of any surplus moneys in such Reserve Account which it considers to be in excess of its requirements for the purpose aforesaid such amount as it deems expedient to the credit of the interest earnings of the Fund in respect of any year and such amount when so transferred shall be deemed to be interest on the investments earned during such year. 41. Investment of the Local Government ( Employees) Provident Fund. The Fund shall be invested by the Board in the investments authorized by section four of " The Trustees and Executors Acts, 1897 to 1964 ". 42. Further power of investment . (1) Moneys in the Fund but not invested may be lodged with any bank either at call or on fixed deposit or, notwithstanding section forty-one of this Act, be invested in such other manner as may be authorized from time to time by the Governor in Council by Order in Council. (2) The Board may from time to time borrow moneys from any bank on overdraft of current account ( the aggregate of which borrowings at any one time shall not exceed two-thirds of the amount of moneys of the Fund invested in securities at that time) for the purpose of providing cash with which to meet claims on the Fund before the realisation of any of such securities:

Local Government Superannuation Act of 1964, No. 47 435 Upon the realisation of any securities the Board shall first apply the moneys received therefrom towards the discharge of any loan borrowed by it pursuant to this subsection and shall pay the balance (if any) into the Fund. The Board shall pay the interest on such borrowings from the Fund, unless a reserve account is in existence, in which case, the Board shall pay the interest therefrom. 43. Local Authority to contribute to the Fund . (1) Every Local Authority which employs a permanent employee to whom the provisions of this Part apply shall make to the Fund in respect of such employee such annual contributions as are prescribed at or within such time or times as may be prescribed: Provided that if in any year an employee ceases to be employed by a Local Authority, there shall be refunded to the Local Authority by the Board such proportion of the total contribution paid by the Local Authority in respect of such year as is attributable to the unexpired portion of such year. (2) Interest at a rate to be prescribed, calculated on a daily basis, shall be paid by a Local Authority on any amount of contribution not paid by it on or before the time or times prescribed. Such interest shall be recoverable by the Board in the same manner as unpaid amounts of contributions are recoverable pursuant to the provisions of this Act and such interest shall not be chargeable by the Local Authority against the employee concerned. The Board may, in any particular case for any reasonable cause, remit payment of such interest. (3) Where a Local Authority fails to pay any amount of any contribution payable to the Board in pursuance of subsection (1) of this section within the time or times prescribed, the Board may recover such unpaid amount from the Local Authority by action as for a debt in any court of competent jurisdiction, and, pending recovery, may without prejudice to such action pay to the Fund any such contribution- (a) out of the Local Government (Superannuation) Management Fund established under Part VI of this Act; or (b) out of any account subsidiary thereto and kept by the Board for the payment of contributions; or (c) out of such moneys borrowed by way of overdraft by the Board (who is hereby thereunto authorized) for that purpose. 44. Employee to pay one - half of contribution to the Fund. (1) Subject to this Act, every permanent employee in respect of whom a Local Authority has made an annual contribution in pursuance of the provisions of subsection (1) of section forty-three of this Act shall be liable to the Local Authority for the amount of one-half thereof. (2) Notwithstanding the provisions of any other Act, the Local Authority may deduct such amount or any part thereof from any sum which may be or may become due by the Local Authority to such permanent employee by way of salary or otherwise by periodical instalments as prescribed. (3) The Local Authority may sue for and recover by action as for a debt in any court of competent jurisdiction any amount due by any permanent employee in respect of annual contributions made by the Local Authority in respect of that employee under this Part which it may not have recovered by deductions from salary or otherwise as aforesaid.

436 Local Government Superannuation Act of 1964, No. 47 45. Amount of contribution to the Fund . Subject to this Act, annual contributions to the Fund in respect of any permanent employee to be made by the Local Authority under this Part shall be equal to seven pounds per centum of the salary payable to the permanent employee at the date of the first contribution made in respect of such employee. 46. When annual contribution to the Fund to be increased or decreased. (1) When and so often as the salary of a permanent employee to whom this Part applies is increased by an amount of at least fifty pounds per annum over that prevailing at the date of the first contribution as aforesaid or the date of the last adjustment of contribution under this section, the annual contribution to the Fund in respect of such employee shall be increased by an amount equal to seven pounds per centum of such increase in salary. (2) When and so often as the salary of a permanent employee to whom this Part applies is decreased by an amount of at least fifty pounds per annum below the salary appropriate to the contribution being made in respect of him under this Part, the Board, on being so requested in writing by the Local Authority or the employee, shall reduce the amount of annual contribution in respect of such employee by an amount equal to sever, pounds per centum of such decrease in salary: Provided that the amount of annual contribution shall not be so reduced where the permanent employee concerned notifies the Board within the prescribed time that he is prepared to meet the annual contribution to the Fund payable by the Local Authority and him in respect of the amount of the decrease in his salary and whilst he meets the annual contribution so payable. 47. When contribution to the Fund ceases. Contributions shall cease to be payable to the Fund by a Local Authority under this Part when the permanent employee concerned- (a) ceases to be employed by the Local Authority; or (b) (i) being a male, attains the age of sixty-five years; or (ii) being a female, attains the age of sixty years; or (c) dies, whichever event first happens. 48. Apportionment of contribution on transfer of employment. (1) Where a permanent employee to whom this Part applies leaves the service of one Local Authority and forthwith enters the service of another Local Authority, the Board shall certify to the Local Authorities concerned the proportions of the contribution (in respect of that employee for the year in which such change takes place) for which such Local Authorities shall respectively be liable under this Part and the amounts so certified shall be paid by each such Local Authority to the Board accordingly. (2) Where the firstmentioned Local Authority has paid the whole, or as the case may be, part of the contribution in respect of the employee for the year in which such change takes place, such Local Authority shall be entitled to recover from the other Local Authority the amount so certified by the Board as aforesaid as payable by the other Local Authority. 49. Contribution to be credited to employee concerned . All amounts received in respect of contributions under this Part shall be recorded to the credit of a separate account for each permanent employee and at the end of each year the Board shall credit the account of each participating employee with interest calculated in the prescribed manner.

Local Government Superannuation Act of 1964, No. 47 437 50. When benefit from the Fund payable . (1) Where a permanent employee of a Local Authority in respect of whom any contribution or contributions have been made to the Fund under this Part- (a) ceases to be employed by the Local Authority; or (b) (i) being a male, attains the age of sixty-five years; or (ii) being a female , attains the age of sixty years; or (c) dies, such permanent employee or, in the event of death his or her legal personal representatives shall be entitled to receive from and out of the Fund such amount as the Board certifies to be at the credit of such employee's account kept in accordance with this Part: Provided that, where any permanent employee specified in subparagraph (b) of this subsection continues in the employment ofa Local Authority, the Board may, pursuant to Part VI upon the request in writing of such employee, agree to retain such moneys until the actual retirement of such employee. (2) The Board may include in the amount it certifies to be at the credit of such permanent employee's account interest calculated from the date interest was last credited to his account as provided in the last preceding section up to the end of the month next preceding that in which such certificate is issued, at a rate per annum not exceeding one per centum less than the rate of interest last credited to his account. (3) Every certificate given by the Board under this section shall be final and conclusive. (4) No amount payable from and out of the Fund under this section shall be in any way assigned or charged or passed by operation of law to any person other than the permanent employee entitled thereto or his legal personal representatives (as the case may be) nor shall any such amount payable on the death of any permanent employee be assets for the payment of his debts or liabilities. PART VI-MISCELLANEOUS 51. Board may arrange for assurance for permanent employees of Local Authorities . (I) The Board may in accordance with this Act enter into an agreement with the insurer for the issue of such bonus-participating endowment assurance policies on the lives of permanent employees of Local Authorities as provide for a withdrawal benefit which is not less than one-half of the premiums paid under such policies. (2) The Board may, as a condition of any such agreement, stipulate terms and conditions under which a percentage of the sums assured under policies issued by the insurer pursuant to the said agreement shall be reassured with such other insurance companies as are nominated or approved by the Board and in such proportions between such other insurance companies as the Board shall determine. 52. Local Government ( Superannuation) Management Fund. (1) The Board may, under the agreement specified in section fifty-one of this Act, accept payment by way of commission or rebate or like payments in consideration of effecting insurances with the insurer under Part IV in respect of such insurance or in respect of collecting and remitting premiums, or in respect of both such matters and all moneys so received by the Board shall be paid to the Local Government (Superannuation) Management Fund to be established under this Part.

438 Local Governm ent Superannuation Act of 1964, No. 47 (2) There shall be established and kept by the Board a Local Government (Superannuation) Management Fund. (3) The Board shall keep a separate bank account for the Local Government (Superannuation) Management Fund and cheques drawn on such account shall be signed as prescribed. (4) The Board may invest any moneys standing to the credit of the Local Government (Superannuation) Management Fund in the manner provided in Part V in respect of the investment of the Local Government (Employees) Provident Fund. (5) The earnings from any such investment shall be paid into and form part of the Local Government (Superannuation) Management Fund. 53. Costs of administration of this Act. Except where otherwise expressly provided by this Act, the whole of the costs and expenses of the administration of this Act by the Board (including payment of the members thereof) shall be defrayed from the Local Government (Superannuation) Management Fund. Where moneys standing to the credit of such Fund are insufficient to defray such costs and expenses, the Board may make a per capita levy on Local Authorities and their permanent employees, as hereinafter provided, to defray the balance of such costs and expenses. 54. Board may borrow to defray preliminary expenses . (1) The Board may, at any time, after the passing of this Act, borrow moneys for the purpose of defraying preliminary expenses necessary for the establishment of the superannuation scheme to be established in pursuance of the provisions of this Act. (2) All moneys so borrowed shall be paid by the Board to a Local Government (Superannuation) Loan Fund which shall be established and kept by the Board for that purpose. The Local Government (Superannuation) Loan Fund shall be applied to the payment of preliminary expenses necessarily incurred as aforesaid. (3) The Board shall keep a separate bank account for the Local Government (Superannuation) Loan Fund and cheques drawn on such account shall be signed as prescribed. (4) Interest and redemption payments in respect of moneys so borrowed by the Board shall be defrayed from the Local Government (Superannuation) Management Fund. 55. Contingent Account . (1) The Board may establish an account to be called the Contingent Account into which it may from time to time transfer such amounts from the Local Government (Superannuation) Management Fund as it deems desirable. (2) The Board shall keep a separate bank account for the Contingent Account and cheques drawn on such account shall be signed as prescribed. (3) The Board may invest any moneys standing to the credit of the Contingent Account in the manner provided in Part V in respect of the investment of the Local Government (Employees) Provident Fund. The earnings from any such investment shall be paid into and form part of the Contingent Account.

Local Government Superannuation Act of 1964, No. 47 439 (4) (a) The Board may, from time to time in its absolute discretion, use the Contingent Account in payment of- (i) sickness benefits to permanent employees and funeral donations in respect of persons who at the time of their death were permanent employees; (ii) premiums on policies or contributions to the Fund in respect of permanent employees who, in the opinion of the Board, are unable through sickness or other sufficient cause to pay such premiums or contributions; (iii) sums to supplement the benefits to which permanent employees are, or any class of permanent employee is, entitled under this Act, as the Board may consider fair and equitable; (iv) sums to or on behalf of permanent employees in cases which, in the opinion of the Board, warrant special assistance because of circumstances of hardship or disability relating to the permanent employee or his family; and (v) sums that may be required to bring withdrawal benefits payable under insurance policies effected under this Act up to the total amount of contributions of permanent employees towards the premiums payable in respect of such policies. (b) Any payment by the Board in pursuance of paragraph (a) of this subsection may be made by way of outright grant or repayable advance: Provided that the Board may, in any case where it considers such action is warranted, convert any payment made by it by way of repayable advance into an outright grant and thereafter such payment shall he deemed to be made by way of outright grant. 56. Actuarial investigation of the Contingent Account. (1) An investigation as to the state and sufficiency of the Contingent Account shall be made before the expiration of five years from the commencement of this Act, and thereafter periodically so that there shall not be a period longer than five years between successive such investigations. (2) The investigation shall be made by an actuary appointed by the Board for the purpose. (3) The actuary shall report to the Board the result of his investigation including with respect to- (a) the sufficiency of transfers to and actuarial soundness of the account either generally or in respect of any particular benefit; (b) if a surplus is shown, the manner in which such surplus should be dealt with; and (c) any other actuarial matter affecting the account as may be required by the Board, and shall make in his report such recommendations as he deems necessary or desirable having regard to the purpose and result of the investigation. The Board may act as it deems advisable with respect to any recommendation made by the actuary in such a report. (4) The Board may, from time to time, upon the advice of the actuary, declare that there shall be payable in respect of all or any benefits accruing to permanent employees under this Act such additional amounts by way of bonuses as to the Board shall seem meet. Any such declaration may apply to a period of time or may apply without reference to a period of time.

440 Local Government Superannuation Act of 1964, No, 47 The Board may, at any time, upon the advice of the actuary, cancel, alter, vary or otherwise modify any such declarations Any permanent employee entitled to benefits under this Act shall, whilst such declaration remains in force, be entitled in respect of such benefits to payment from the Contingent Account of additional sums in accordance with the declaration and not otherwise. 57. Per capita levy to defray costs of management wholly or partly. (1) Where, in any year, moneys standing to the credit of the Local Government (Superannuation) Management Fund are insufficient to defray the whole of the costs and expenses of the administration of this Act by the Board (including payment of the members thereof) the Board may, in that year, make in the prescribed manner, a per capita levy on all Local Authorities to defray the balance of such costs and expenses. (2) The amount of levy in respect of each permanent employee to whom the provisions of Parts IV or V apply shall not exceed ten shillings in any one year. (3) The Board may make per capita levies as aforesaid in respect of any particular group of permanent employees where it considers the circumstances so warrant. (4) Each Local Authority shall pay to the Board, on or before a date notified to it by the Board, the whole of the levy due by it in pursuance of the provisions of this section. (5) Where a Local Authority fails to pay any amount of such levy within the time allowed, the Board may recover such amount from the Local Authority by action as for a debt in any court of competent jurisdiction. (6) Interest at a rate to be prescribed, calculated on a daily basis, shall be paid by a Local Authority on any amount of such levy not paid by it within the time allowed. Such interest shall be recoverable by the Board in the same manner as unpaid amounts of the levy are recoverable pursuant to this Act, and such interest shall not be chargeable by the Local Authority against the permanent employee concerned, The Board may, in any particular case, for any reasonable cause, remit payment of such interest. (7) Each Local Authority which pays any levy as aforesaid shall be entitled to receive and recover from each permanent employee, in respect of whom such levy is paid, one-half of the total amount so paid by it to the Board in respect of him and, notwithstanding the provisions of any other Act, may, if it sees fit, deduct the same or any part thereof from any sum or sums which may be due or may become due to such permanent employee by way of salary or otherwise. (8) The Local Authority may recover by action as for a debt in any court of competent jurisdiction any amount due by any permanent employee in respect of levies paid by the Local Authority in respect of that employee under this Part which it may not have recovered by deductions from salary or otherwise as aforesaid. 58. Date from which premiums or contributions are payable. The Board may by resolution fix, either generally or in any particular case, the date of commencement of the period for the payment of premiums and contributions under this Act.

Local Government Superannuation Act of 1964, No. 47 441 59. Payment of benefit in respect of deceased employee . (1) In the case of the death of a permanent employee to whom this Act applies, all moneys payable to such employee in pursuance of the provisions of this Act shall be paid by the Board to the person or persons appearing to the Board to be legally entitled thereto, and any such payment shall be valid and effectual with respect to any demand against the Board of any other persons as next of kin, legatees or personal representatives of the said deceased employee but such next of kin, legatees or personal representatives shall nevertheless have the right to recover the whole or any portion of such payment from the person or persons who have received it from the Board. (2) An acknowledgement of such payment signed by the person receiving it from the Board shall be a release to the Board from any obligation to pay any more moneys in respect of the deceased employee concerned. (3) The Board may, in any particular case, before effecting payment in pursuance of subsection (1) of this section, require the production of probate of the will of the deceased or letters of administration, as the case may be, or may dispense with the production of probate or letters of administration: Provided that, in the case of an intestacy, where the deceased employee left infant children surviving him, the Board shall not dispense with the production of letters of administration or, if the Public Curator is administering the estate of the deceased employee, the production of the Public Curator's authority to administer the estate. (4) Where the Board decides to effect payment in pursuance of the provisions of subsection (1) of this section without production of probate or letters of administration, it shall not make final settlement until it has received- (a) a clearance from the Commissioner of Stamp Duties that the payment of all probate and succession duty has been accounted for or that no probate of succession duty is payable in the estate; (b) satisfactory proof of the death of the deceased; (c) a release and indemnity to its satisfaction from the person or persons to whom payment is to be made; and (d) where the deceased left a will, the original will for perusal and a certified copy thereof. (5) Notwithstanding anything contained in this section, the Board may, in the case of the death of a deceased permanent employee, before effecting payment in pursuance of the provisions of subsection (1) of this section, make advances from any amount payable in respect of such employee under this Act to any person appearing to the Board to be legally entitled thereto for all or any of the following purposes:- (i) the payment of probate or succession duties payable in respect of the estate of the deceased; (ii) the maintenance of the lawful widow or children or lawful widow and children of the deceased; (iii) any other purpose which the Board considers reasonable in the circumstances.

442. Local Government Superannuation Act of 1964, No. 47 60. When insurance moneys may be paid into the Fund. (1) Where any permanent employee, on whose life, insurance has been effected under Part IV, attains the age of (a) sixty-five years, in the case of a male permanent employee; or (b) sixty years, in the case of a female permanent employee, and such permanent employee still continues in the employment of a Local Authority, the Board may, upon a request in writing by the employee, instead of paying the policy moneys to such employee, agree to retain such moneys until the actual retirement of the employee. (2) Such moneys shall be paid into the Fund and rank pari passu with moneys standing to the credit of other employees in the Fund and shall in all respects be deemed to be moneys paid into the Fund under Part V and shall be dealt with by the Board accordingly. 61. When moneys may be retained in the Fund after employee attains age limit . Where a permanent employee to whom Part V applies, continues in the employment of a Local Authority after he attains the age of sixty-five years in the case of a male or sixty years in the case of a female permanent employee, the employee may request the Board in writing to retain the moneys standing to the employee's credit in the Fund until the actual date of his or her retirement, and, in that case, such moneys shall continue to be held by the Board in the Fund and shall participate in any interest distribution provided for in Part V until the employee ceases to be employed by a Local Authority. 62. When payment of premiums or contributions to cease . No further premiums or contributions shall be payable by a Local Authority under this Act in respect of any permanent employee after the employee reaches the age of- (a) sixty-five years, in the case of a male permanent employee; or (b) sixty years, in the case of a female permanent employee. 63. Payment of premiums or contributions in respect of married women. Notwithstanding anything contained in this Act, a Local Authority shall not be required to pay or continue paying premiums or contributions under this Act in respect of any permanent employee who is a married woman unless, in any particular case, the Local Authority shall have advised the Board in writing that it proposes to pay or continue paying the premiums or contributions in respect of that permanent employee. 64. Employees of two or more Local Authorities . Where any permanent employee is employed by more than one Local Authority the Board shall have power to decide upon what principle or basis the amount of insurance that such permanent employee is required to effect under this Act shall be determined or what shall be the amount of the contribution to the Fund in respect of such permanent employee, as the case may be, under this Act. The Board shall likewise have power to decide the principle or basis upon which the amount of premium or contribution payable by the respective Local Authorities under this Act in respect of any such employee shall be determined and the principle or basis upon which the amount to be deducted by the respective Local Authorities from the salary of such permanent employee under this Act shall be determined. The decision of the Board under this section shall be final and binding upon every Local Authority and every permanent employee affected.

Local Government Superannuation Act of 1964, No. 47 443 65. Long service leave entitlements not affected . (1) The entitlement of any permanent employee to long service leave under any Act, ordinance, by-law or agreement shall not be prejudiced or affected by the provisions of this Act, nor shall the entitlement of any permanent employee to any benefit under this Act be prejudiced by any entitlement of any such employee to long service leave under any Act, ordinance, by-law or agreement. (2) Where a permanent employee is entitled to receive any benefit under this Act on his ceasing to be employed by a Local Authority, and such Local Authority has granted him long service leave which will terminate coincidently with the termination of his employment with the Local Authority, the Board, if the permanent employee so requests and if it deems it expedient so to do having regard to the purposes of this Act, may, subject to fulfilment of such conditions as it determines, pay over to him any such benefit at any time during such period of long service leave. 66. Board may determine whether employment is permanent or not. If any question arises as to whether or not any employee of a Local Authority is a permanent employee, the Board may, for the purposes of this Act, decide such question and the decision of the Board shall be final and conclusive. 67. Board to be deemed agent of insured . In any case in which the Board purporting to act in exercise of authority conferred by this Act has made any arrangement or agreement with the insurer with respect to a policy effected or accepted under Part IV, it shall be deemed to have so acted as a continuing agent for the person insured by such policy and any such arrangement or agreement shall be binding upon such person but so that the Board shall be under no liability in respect thereof. 68. Unclaimed benefits, how dealt with . (1) Any moneys payable under this Act which have not been claimed within six months from the date on which such moneys have or may become payable shall be placed to the credit of an account to be established and kept by the Board, called the Unclaimed Moneys Account. (2) At any time within six years after any such moneys have been placed to the credit of such account the Board may, on proof to its satisfaction that any permanent employee or other person is entitled to such moneys, or any part thereof, direct payment thereof, or of any part thereof, to that person. (3) All such moneys in respect of which and to the extent to which a claim is not established within six years after having been placed to the credit of such account shall be transferred to and form part of the Contingent Account established under this Part of this Act and the permanent employee or other person concerned shall cease to have any right or title to such moneys: Provided that the Board may allow and pay any claim after such period of six years has expired upon being satisfied that special reasons exist for the allowance of the claim. (4) If any of such moneys paid to a claimant under this section are afterwards claimed by any other person, the Board shall not be liable for the payment of the same but such person may have recourse against the claimant to whom the Board has paid such moneys.

444 Local Government Superannuation Act of 1964, No. 47 69. Board to have right of set off . The Board may recoup itself for any moneys due to it by a permanent employee under this Act from moneys due by the Board to or in respect of that permanent employee under this Act., 70. Audit of Board ' s accounts . (1) The accounts of the Board shall be audited by the Auditor-General who shall have, with respect to such audit and accounts, all the powers and authorities conferred on him by " The Audit Acts, 1874 to 1963." (2) The costs and expenses of such audit shall be borne by the Board. 71. Annual report by Board . (1) The Board shall, as soon after the thirtieth day of June in each year as is practicable, make to the Minister a report upon the administration of this Act. (2) When and so often as the Minister may require, the Board shall make to him such report as he requires concerning the administration of this Act. 72. When moneys payable under this Act charged with defalcations by employees . (1) If any permanent employee to whom the provisions of Part IV or Part V are applicable ceases employment with a Local Authority by reason of his dismissal for misappropriation of moneys or other property of that Local Authority, the amount of the moneys or the value of the property so misappropriated, or, if restitution has been made of part thereof, the balance of mbneys outstanding or the difference between the value of the property so misappropriated and the sum paid by way of restitution, shall be a first charge upon any moneys payable to that permanent employee under this Act by reason of such cessation of employment and may be deducted therefrom by the Board. Any amount so deducted shall be paid by the Board to the Local Authority concerned. (2) A certificate signed by the chairman of a Local Authority and sealed with the common seal of the Local Authority that the permanent employee therein named has ceased service with that Local Authority concerned by reason of his dismissal for misappropriation as aforesaid and stating the amount due to the Local Authority in relation thereto shall, for the purposes of this section, be sufficient proof to the Board of the matters so certified. 73. Determination of questions as to incapacity , &c. Whenever any question arises as to the illness or incapacity of a permanent employee in respect of whom insurance premiums or contributions have been or are being paid by the Local Authority under this Act, or as to whether in any case illness or incapacity is due to wilful action on the part of the permanent employee concerned for the purpose of obtaining any benefit from the Board, the question shall be determined by the Board upon consideration of a report from a medical practitioner or medical practitioners appointed by the Board. 74. Privilege. All communications between the Board and any Local Authority in relation to any permanent employee of that Local Authority shall be absolutely privileged.

Local Government Superannuation Act of 1964, No. 47 445 75. Board deemed Local Authority as respects its permanent employees. (1) The provisions of this Act shall with and subject to all necessary adaptations apply and extend to permanent employees of the Board as if such employees were permanent employees of a Local Authority and the Board were a Local Authority within the meaning of this Act. (2) All- (a) premiums payable by the Board in respect of insurances effected by its permanent employees under Part IV; and (b) contributions payable by the Board to the Fund in respect of its permanent employees under Part V, shall be paid from the Local Government (Superannuation) Management Fund established under Part VI. (3) The Board shall with respect to its permanent employees have and may exercise the powers had by a Local Authority under this Act for the recovery of amounts due to it by its permanent employees in respect of- (a) premiums paid by the Board in respect of insurances effected by its permanent employees under Part IV; and (b) contributions paid by the Board to the Fund in respect of its permanent employees under Part V. 76. Settlement of disputes . (1) Any dispute under this Act shall be determined in the first place by the Board: Provided that any person aggrieved by a decision of the Board may appeal to the Supreme Court constituted by a single Judge of that Court. (2) An appeal as aforesaid shall not lie unless it is instituted within thirty days after the giving to that person aggrieved of notice of such decision, and such a notice sent by post shall, unless the contrary be proved, be deemed to have been so given when it would have been delivered in the ordinary course of post. (3) An appeal under this section shall be instituted by filing in the Supreme Court registry a notice of appeal. The power to make rules of the Supreme Court shall include power to make rules providing and regulating practice and procedure in respect of appeals to a Judge of that Court under this section. Until such rules are made, or so far as such rules do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he may deem fit, and the directions shall, according to their tenor, have the force and effect of rules made under this section for the purposes hereof. (4) An appeal under this section shall be by way of rehearing, and the Judge hearing the same may confirm the decision of the Board or uphold the appeal and make such order or orders with respect to the subject matter of the appeal as he deems necessary or expedient to give effect to his decision upon the appeal. (5) The decision of the Court shall be final and conclusive and without appeal.

446 Local Government Superannuation Act of 1964, No. 47 (6) (a) The Judge may make such order as to costs to be paid by either party to the appeal as he thinks just. (b) Any such order made as to costs may be enforced in the same manner as a judgment of the Supreme Court. 77. Regulations. (1) The Governor in Council may, from time to time, make regulations, not inconsistent with this Act, prescribing all matters and things which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, without limiting the generality of the foregoing provisions of this subsection, ir1 particular- (a) prescribing the time within which insurances are to be effected by permanent employees pursuant to the provisions of Part IV of this Act; (b) prescribing the rate of interest payable by a Local Authority in respect of premiums and contributions not paid by it within the prescribed time and by permanent employees in respect of premiums paid by the Board for the purpose of retaining insurance for such permanent employees; (c) prescribing the manner of deductions by Local Authorities in respect of premiums, contributions and levies from sums due or becoming due to permanent employees; (d) prescribing the times within which and the manner in which applications and elections are to be made under this Act; (e) prescribing the times within which contributions are to be made by Local. Authorities under this Act; (f) providing for, regulating and controlling the proceedings of the Board; (g) empowering minors to whom Part IV or Part V applies to do, execute, suffer and perform acts, deeds and matters for the purposes of this Act as effectually as if they were of full age; (h) prescribing penalties not exceeding fifty pounds for any offence against the regulations. (2) Regulations may be made under this Act at any time after the passing hereof. (3) All offences against the regulations may be prosecuted in a summary way under " The Justices Acts, 1886 to 1964," on complaint by the secretary or by any other person authorized by the Board. 78. Publication of regulations , &c. (1) Every Proclamation, Order in Council or regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect from the date of such publication, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when, in such event, it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and, if not, then within fourteen sitting days after the commencement of the next session.

Local Government Superannuation Act of 1964, No. 47 447 (2) if the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation , Order in Council or regulation has been laid before it disallowing the same or part thereof , that Proclamation , Order in Council or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of any further Proclamation , Order in Council or regulation.