Local Government (Superannuation) Amendment Act 1948 (NSW)
LOCAL GOVERNMENT (SUPERANNUATION)
to, 30th November, 1948.] BE AMENDMENT ACT.
Act No. 33, 1948.
An Act to amend the Local Government (Super- annuation) Act, 1927-1940, and certain other Acts in certain respects; and for purposes connected therewith. [Assented
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South 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 Govern
ment (Superannuation) Amendment Act, 1948."
(2) This Act shall be read and construed with the
Local Government (Superannuation) Act, 1927-1940.
(3) The Local Government (Superannuation) Act, 1927, as amended by subsequent Acts and by this Act, may be cited as the Local Government and Other Authori ties (Superannuation) Act, 1927-1948.
2 . The Local Government (Superannuation) Act,
1927-1940, is amended—
(a) by inserting at the end of section two the following new subsection:— (4) (a) This Act shall also apply to and in respect of such servant or servants or class of servants of any body or association of persons, corporate or unincorporate, as the Governor may by proclamation published in the Gazette from time to time direct.
(b) For the purposes of the application
of the provisions of this Act to any such servant,
servants or class of servants a reference in this
Act to a council or permanent servant shall be read and construed as a reference to any such body or association of persons or the servant of such body or association of persons to whom this Act is applied pursuant to paragraph (a) of this subsection, as the case may require.
(c) Classes of servants may be defined in any proclamation under this subsection by reference to the occupation, age, sex, past ser vice, or salary of the servants to whom this Act is to be applied.
(b)
(b) (i) by omitting from subsection one of section four the words "be required to effect insur ance if this Act were then first applied to h im" and by inserting in lieu thereof the words "have been required to effect insur ance if such increased salary had been payable to him at the time the endowment insurance policy subsisting in respect of him was effected or deemed to have been effected pursuant to this section";
(ii) by inserting at the end of subparagraph (i) of paragraph (f) of subsection four of the same section the following words:—
Where any balance so paid to a per manent servant is not equal to the quota of premium or premiums paid by him in respect of the policy and where the board has received commission from the insurance company or companies con cerned in respect of such policy the board from its reserve account may make such payment as it deems equit able to the permanent servant but the amount so payable to the permanent servant together with the balance re ferred to above shall not exceed the amount of such servant's quota of premium or premiums paid by him in
respect of the policy.
(c)
by omitting from section five the words "who effects a policy of insurance under section four of this Act, and at the time of effecting such policy is not less than thirty-five years of age and has had not less than five years ' past ser vice," and by inserting in lieu thereof the words "upon effecting a policy of insurance under section four of this Act or at any time there a f t e r " ;
(d)
(d)
by omitting paragraph (c) of subsection one of section seven and by inserting in lieu thereof the following new paragraph:—
(c) being under the age of fifty-five years duly applies through the board to an insurance company for a policy of in surance under section four of this Act and— (i) is refused by such insurance company; or
(ii) is informed that such insurance company will not accept the risk except upon the condition of his being charged a premium in respect of such policy at the rate charged by such insurance com pany for an age seven years or more greater than his actual age; or
(iii) is informed that such insurance company will not accept the risk except upon the condition of his being charged a premium in respect of such policy at the rate charged by such insurance com pany for an age three or more years greater but not exceeding
time and in such manner as may six years greater than his actual age, and who elects within such be prescribed to contribute to the Fund hereinafter mentioned. (e) (i) by inserting in subsection one of section 7A
after the words "provisions of" the words
and symbols "subparagraph (i) or (ii) of";(ii) by omitting from the same subsection the word " t h r e e " and by inserting in lieu
thereof the word " s i x " ;
(f)
(f) (i) by inserting in subsection one of section thirteen after the words "referred to i n " the words and symbols "subparagraph (ii) of";
(ii) by omitting from subsection (3A) of the same section the words "fifty pounds" and by inserting in lieu thereof the words "twenty pounds";
| (g) | by inserting at the end of section fourteen the following new subsection:— |
(3) Notwithstanding anything contained in subsection one of this section the retiring age of a servant (other than an inspector of stock) of a pastures protection board to whom this Act is applied shall not be later than the anniversary date, following his sixty-fifth birthday, of the commencement of the period covered by the first contribution paid to the board as provided in section thirteen, at the rate payable in respect of him in the last continuous period of his employment with a pastures protection board.
Where a servant (other than an inspector of stock) of a pastures protection board is over the age of sixty-five years at the date this Act is applied to him his retiring age shall be the age reached by him at the expiration of three months after such date, and no contribution shall be made under this Act in respect of any such
| |
| (h) | by omitting from section 15A the words "fifty pounds" and by inserting in lieu thereof the words "one hundred pounds"; |
(i) (i) by inserting in subsection eleven of section sixteen after the words "common seal" the words "and may sue and be sued in its corporate name, and shall, for the purposes and subject to the provisions of this Act, be capable of purchasing, holding, granting, demising, disposing of or otherwise dealing
with
with real and personal property, and of doing and suffering all such acts and things as bodies corporate may by law do and suffer";
(ii) by inserting next after the same subsection the following new subsection:—
(11A) The corporate name of the board
shall be the "Local Government Superan
nuation Board".
(j) by inserting in subsection four of section 17K after the word "s tock" the words "and to and in respect of a servant (other than an inspector of stock) of a pastures protection board to whom this Act is applied"; (k) by inserting next after section 17o the follow ing new section:— 17P. (1) For the purposes of this section there shall be established an account to be called the "Contingent Account".
As soon as practicable after the commence ment of the Local Government (Superannuation) Amendment Act, 1948, the board shall transfer to such account from the Local Government (Superannuation) Management Account the sum of ten thousand pounds.
(2) The board may from time to time set
aside from the income of the Local Government
amounts as the board may deem desirable and (Superannuation) Management Account such may transfer such amounts to the Contingent Account. The amounts which may be so set aside in
any one year shall not exceed the difference
between the amount of the income of the Local
Government (Superannuation) Management Account for that year and the amount of the costs of management of the board, including the remuneration of the president and members for such year.
Fo r
For the purposes of this subsection " income" means the moneys received by the board by way of commission or rebate or like payment under section 16A of this Act and any earnings from investments under section 16B of this Act.
(3) The moneys at credit of the Contin gent Account may be invested by the board in any manner authorised by this Act for the invest ment of any of its funds and any interest so earned shall be paid to such account.
(4) The board may from time to time in its absolute discretion use the Contingent Account in payment of—
(a) sickness benefits to permanent servants and funeral donations in respect of per sons who at the time of their death were permanent servants; or (b) premiums on policies or contributions to the Local Government Provident Fund in respect of permanent servants who, in the opinion of the board, are unable through sickness or other suffi cient cause to pay such premiums or contributions.
The amounts payable under this subsection shall be determined by the board subject to the maximum amounts, if any, prescribed by regu lations and shall be paid under and subject to such conditions as the board may determine or
as may be prescribed by regulations.
3 . (1) This section shall apply only to those servants to whom the provisions of the Local Government and Other Authorities (Superannuation) Act, 1927-1948, apply by virtue of subsection four of section two of that Act.
(2) Notwithstanding the provisions of any agree ment made by the Local Government Superannuation Board with an approved insurance company or companies under section four of the Local Government (Super annuation) Act, 1927-1940, for the issue of policies under that section, any policy which a servant to whom this
section
section applies is required to effect under subsection one of that section shall during the period commencing on the date of the commencement of this Act and ending upon the thirty-first day of March, one thousand nine hundred and fifty-one, be effected with the Government Insurance Office of New South Wales.
4 . The Local Government Superannuation Board may remit payment of and may write off any moneys, and interest on such moneys, which are owing to the board by a permanent servant either for premiums on the policy of that servant or for contributions to the Local Government Provident Fund and which became payable in respect of any period prior to the commencement of this Act, during which the permanent servant was tem porarily out of a council's employment through any reason attributable to the war in which His Majesty was engaged and which commenced on the third day of Sep tember, one thousand nine hundred and thirty-nine.
5 . Any servant who, at the date of commencement of this Act, is in the employment of the Sydney County Council and who prior to the commencement of this Act has become or who thereafter becomes a permanent servant within the meaning of the Local Government (Superannuation) Act, 1927, as amended by subsequent Acts, and who within three months after the date of such commencement or after the date upon which ho becomes a permanent servant as aforesaid (as the case may require) by notice in writing addressed to the Sydney County Council, so elects, shall be entitled to retain the
rights and privileges in relation to payments on retire
ment or death to which he would have been entitled if
he had not become a permanent servant as aforesaid.The provisions of the Local Government (Superan nuation) Act, 1927, as amended by subsequent Acts, shall not apply to or in respect of any servant who makes such election as aforesaid.
This section shall not apply to officers or servants transferred from the Municipal Council of Sydney to the Sydney County Council in pursuance of section forty- seven of the Gas and Electricity Act, 1935, as amended
by subsequent Acts. 6 .
6 . (1) The Pastures Protection Act, 1934-1943, is amended by inserting at the end of section twenty-four the folloAving new subsection:—■
(3) A secretary or rabbit inspector shall on his attaining the retiring age as fixed by the Local Gov ernment and Other Authorities (Superannuation) Act, 1927-1948, retire from the service of the board.
"Where in the opinion of the Minister no suitable person under the age of sixty-five years is available for appointment to the office of secretary or rabbit inspector, a secretary or rabbit inspector, as the case may be, who has retired may be appointed to act temporarily in such office until an appointment under subsection one of this section is made. Such temporary appointment may be made from time to time but in no case shall the period for which the appointment is made exceed three months at any one time. In other respects the provisions of subsection one of this section shall apply to such temporary appointment.
(2) The Pastures Protection Act, 1934, as amended by subsequent Acts, and by this Act, may be cited as the Pastures Protection Act, 1934-1948.
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