Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations (Cth)

Statutory Rules

1973 No. 240

REGULATIONS UNDER THE PAPUA NEW GUINEA (STAFFING ASSISTANCE) ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Papua New Guinea (Staffing Assistance) Act 1973.

Dated this twenty-seventh day of November, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

W. L. MORRISON

Minister of State for External Territories.

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (CONTRACT OFFICERS RETIREMENT BENEFITS) REGULATIONS

Part I—Preliminary

Citation.

1. These Regulations may be cited as the Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations.

Commencement.

2. These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Papua New Guinea (Staffing Assistance) Act 1973.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I —Preliminary (Regulations 1-4)

Part II —Elections (Regulation 5)

Part III —Contributions by Officers (Regulations 6-10)

Part IV —Benefits (Regulations 11-20)

Part V —Payments by Australia and Approved Authorities (Regulation 21)

Part VI —Miscellaneous (Regulations 22-26).

Definitions.

4. In these Regulations, unless the contrary intention appears—

“ annual salary ”, in relation to a contributor, includes any overseas allowance and marriage allowance as determined by the Minister under sub-section 7 (2) of the Act payable to the contributor, but does not include—

(a) an allowance in respect of duties which the contributor is called upon to perform temporarily;

* Notified in the Australian Government Gazette on 27 November 1973.

(b) a fee allowed as an emolument of office;

(c) a bonus or overtime payment; or

(d) an allowance paid solely in order to raise the salary of the contributor to a fixed minimum;

“ approved authority ” means any statutory institution, authority or body established by or under any law in force in Papua New Guinea which is specified by the Minister to be an approved authority for the purposes of these Regulations or was specified by the Administrator in Council to be an approved authority for the purposes of the Contract Officers Ordinance;

“ benefit ”, in relation to a contributor or former contributor, means any payment made to or in respect of him under Part IV;

“ contract ”, in relation to a contract officer, means—

(a) in the case of a contract officer of the Public Service of Papua New Guinea—his contract under paragraph 30 (2) (b) of the Papua New Guinea Act;

(b) in the case of a contract member of the Regular Constabulary Branch of the Police Force within the meaning of the Police Force Ordinance—his contract under section 29 of that Ordinance; and

(c) in the case of a contract officer referred to in paragraph (c) of the definition of “ contract officer ” in this regulation—his contract of service or employment with the approved authority;

“ contract officer ” means—

(a) a contract officer of the Public Service of Papua New Guinea within the meaning of the Public Service Ordinance—

(i) who was, immediately before 10 December 1968, employed in that Public Service in accordance with a contract under section 8 of the Public Service Ordinance; or

(ii) who is employed in that Public Service in accordance with a contract under paragraph 30 (2) (b) of the Papua New Guinea Act, which contract provides that he may contribute to the Fund;

(b) a contract member of the Police Force within the meaning of the Police Force Ordinance; and

(c) a member of a class of officers or employees of an approved authority, which class was specified by the Administrator, by notice in the Papua New Guinea Gazette, for the purposes of paragraph (ba) of the definition of “ contract officer ” in section 4 of the Contract Officers Ordinance,

but does not include—

(d) a person—

(i) who was or is certified to be on secondment from the Public Service of, or an instrumentality of, a State;

(ii) who was or is on transfer from the Australian Public Service under section 47d of the Public Service Act 1922-1973; or

(iii) who was or is certified to be on secondment or loan from an instrumentality of Australia or from any other source,

and who is a contributor to a superannuation, pension or retirement benefits scheme administered by, or into which payments are made in the capacity of an employer by, Australia, a State or an instrumentality of Australia or a State for the benefit of its officers or employees;

(e) a person who is, or is deemed to be, an employee within the meaning of the Superannuation Ordinance;

(f) a person who, under section 15 of the Contract Officers Ordinance or under regulation 5, is not entitled to be or to become a contributor under these Regulations; or

(g) a person whose contract specifically excluded the operation of the Contract Officers Ordinance;

“ contributor ” means a contract officer who is contributing under these Regulations to the Fund;

“ fortnightly salary ”, in relation to a contributor, means one twenty-sixth part of the annual salary of the contributor;

“ service ”, in relation to a contributor, means continuous service, calculated in accordance with section 35 of the Contract Officers Ordinance or with regulation 22, as a contract officer, but does not include any period of such service during which the contributor was not contributing under that Ordinance or in respect of which the contributor has been paid benefits under that Ordinance;

“ student child ” means a child who has attained the age of sixteen years and is under the age of twenty-one years, and is receiving full-time education at a school, college or university;

“ the Act ” means the Papua New Guinea (Staffing Assistance) Act 1973;

“ the Fund ” means the Benefits Fund.

Part II—Elections

Effect of election.

5. A contract officer who made an election under section 13 or 14 of the Contract Officers Ordinance is not, during the term of his current contract, entitled to be or to become a contributor under these Regulations, and the provisions of these Regulations, other than the provisions of this Part, do not apply to or in relation to him during that term.

Part III—Contributions by Officers

Liability to contribute to Fund.

6. Every contract officer shall, subject to these Regulations, contribute to the Fund as from the date of commencement of the Act.

Rate of contributions.

7. The rate of contribution payable by a contract officer to the Fund shall be Five cents for each dollar or part of a dollar of the fortnightly salary of the officer.

Deductions of contributions.

8. Subject to regulation 10, contributions of contract officers shall be deducted from their salaries at each payment of salary, and shall be paid, without deduction for postage, forwarding or exchange, to the Benefits Board.

Payment of increased contributions.

9. Where the salary of a contributor is increased, contributions payable by him in respect of his increased salary are payable as from the date from which the increased salary is payable, or if that date is not a pay-day, as from the next succeeding pay-day after that date.

Contributions payable whilst on leave.

10. (1) Where a contributor is granted leave of absence on account of illness either without pay or on salary at a rate of less than full rate of pay, the Benefits Board may, upon application by the contributor, permit the contributions falling due during the period during which the officer is absent on leave so granted to be paid in such amounts and during such periods as that Board determines.

(2) Where a contributor is granted leave of absence without pay otherwise than on the ground of illness and the period during which the officer is absent on that leave is counted as part of his service in the Public Service of Papua New Guinea, the contributor shall, for the purposes of these Regulations, be deemed to have received the salary that he would have received if he had not been absent on that leave and the contributor is liable to pay the contributions that he would have paid if he had not been so absent, in such amounts and during such period as the Benefits Board determines.

(3) Except as provided in sub-regulation (1) or (2), a contributor is not liable or entitled to pay contributions in respect of any period of leave of absence without pay.

Part IV—Benefits

Payments on retirement, &c.

11. (1) Subject to this Part, where—

(a) a contributor resigns;

(b) the contract with a contributor is terminated; or

(c) a contributor otherwise ceases to be employed as a contract officer,

the contributor shall be paid an amount calculated in accordance with the succeeding provisions of this regulation.

(2) If the period of service of the contributor is less than four years, he shall be paid an amount equal to the aggregate of—

(a) the amount of contributions paid by him; and

(b) compound interest on those contributions at the prescribed rate.

(3) Subject to sub-regulation (4), if the period of service of the contributor is four years or more he shall be paid an amount calculated in accordance with the Schedule.

(4) If a contributor referred to in sub-regulation (3) resigns before having completed the term of his current contract, the amount payable pursuant to that sub-regulation shall be reduced by an amount equal to five per centum of the amount otherwise payable under regulation 21 in respect of the contributor.

Invalidity.

12. Subject to regulation 14, where the services of a contributor are terminated on the ground of invalidity or physical or mental incapacity to perform his duties, not due to his own wilful action, the contributor shall be paid an amount equal to three times the aggregate of—

(a) the amount of the contributions paid by him; and

(b) compound interest on those contributions at the prescribed rate.

Payment on death of contributor who is survived by dependants.

13. (1) Subject to regulation 14, on the death of a contributor, other than a contributor referred to in regulation 15, there shall be paid, in accordance with this regulation, an amount equal to three times the aggregate of—

(a) contributions paid by the contributor; and

(b) compound interest on those contributions at the prescribed rate.

(2) If the contributor is survived by a widow, the amount shall be paid to the widow.

(3) If the contributor is not survived by a widow but is survived by a child or children under the age of sixteen years, a student child or student children, the amount shall be paid to the child, those children in equal proportions, the student child or those student children in equal proportions, as the case may be.

Minimum benefit in certain cases.

14. Where in acase to which regulation 12 or 13 applies, but subject to regulation 15, the payment to be made is less than one-half of the annual salary of the officer immediately before the termination of his services or his death, as the case may be, the amount payable shall be one-half of that salary.

Payment on death or unmarried contributor.

15. On the death of a contributor who was, at the date of his death, unmarried and was not survived by a child or children under the age of sixteen years, a student child or student children, there shall be paid to his personal representatives or, if there are no personal representatives, to such persons (if any) as the Benefits Board directs, an amount equal to the amount that would have been payable to the officer if he had resigned as a contract officer on the day on which he died, without regard to the provisions of regulation 14.

Payments on resignation or dismissal, &c.

16. Where a contributor ceases to be a contract officer in circumstances not referred to in regulation 11, 12, 13, 14 or 15, the contributor shall be paid an amount equal to the aggregate of the contributions paid by him together with compound interest on those contributions at the prescribed rate.

Contributors who are also pensioners.

17. Where a contributor is a pensioner under the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations, the amount payable under these Regulations to or in respect of the contributor shall, notwithstanding anything contained in these Regulations, be an amount equal to the aggregate of the contributions paid by the contributor together with compound interest on those contributions at the prescribed rate.

Payment to other persons.

18. Where, in the opinion of the Benefits Board, a payment under these Regulations should be made to a person other than the person (whether the contributor, a widow, a child, a personal representative or otherwise) specified in these Regulations, that Board may authorize payment to that other person accordingly, whether beneficially or as trustee for or guardian of some other person, or otherwise, as that Board thinks proper.

Interest payable on contributions.

19. (1) The prescribed rate for the purposes of regulations 11, 12, 13, 16 and 17 and the Schedule is a rate from time to time determined by the Benefits Board by notice in the Gazette having regard to the rates of interest earned by the investment of moneys in the Fund during the preceding twelve months, being a rate of not less than three per centum per annum, which rate shall be effective as from a date specified in the notice.

(2) Interest on any contribution shall, for the purposes of these Regulations, be calculated from the date on which the amount of the contribution was paid or deducted from salary, and at the rate from time to time payable, and for the purposes of the calculation of compound interest the interest shall be compounded on the thirtieth day of June in each year.

No double benefit.

20. Notwithstanding anything contained in these Regulations, a person is not entitled to receive benefits under these Regulations more than once in respect of any contribution.

Part V—Payments by Australia and Approved Authorities

Payments by Australia.

21. Australia shall, in respect of each payment made to, or in respect of, a contributor, pay to the Fund an amount equal to the difference between the amount of that payment and the amount of any contributions (plus any interest at the rate determined by the Benefits Board) included in that payment.

Part VI—Miscellaneous

Continuous service.

22. In the calculation of the continuous service of a person for the purposes of these Regulations—

(a) in the case of a contract officer of the Public Service of Papua New Guinea or a contract member of the Police Force within the meaning of the Police Force Ordinance—all periods which, if the officer or member were entitled to furlough or pay in lieu thereof under the Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment) Regulations would be taken into account in calculating any entitlement under those Regulations; and

(b) in the case of an officer or employee of an approved authority—any periods specified by the Minister, by notice in the Gazette, for the purposes of this paragraph,

shall be taken into account.

Periods between contracts, &c.

23. Where, before the termination of his contract, a contributor—

(a) has made application for a new contract or for his contract to be renewed or extended; or

(b) has been offered and has accepted a new contract or the renewal or extension of his contract,

and at that termination the application is still pending or the new contract or the renewal or extension has not been made, as the case may be, then he is entitled to benefits and is liable to make contributions in respect of any period of continuous employment by the Government of Papua New Guinea or by the approved authority to which he was under contract, as the case may be, between the termination of the first-mentioned contract and the time when—

(c) the new contract or the renewal or extension of the contract is made; or

(d) he is advised that the application for a new contract or for the renewal or extension of the contract is rejected,

as though he had not ceased to be a contract officer employed by the Government of Papua New Guinea or by the approved authority, as the case may be.

Benefits Board may require information.

24. (1) The Benefits Board may, at any time, require a contributor to furnish information on such matters as that Board considers necessary for the purpose of any investigation in connexion with the Fund.

(2) A contributor who, without reasonable excuse (proof whereof lies upon him), fails to furnish information required of him under this regulation is guilty of an offence.

Penalty for an offence against this sub-regulation: Twenty dollars.

Saving of existing elections.

25. (1) Where, before the commencement of these Regulations, an election was made under section 13 or 14 of the Contract Officers Ordinance, that election shall be as valid and effectual for all purposes as it would have been if these Regulations had not been made.

(2) A person who was appointed a contract officer within the period of three months immediately before the commencement of these Regulations may, at any time before the expiration of that period, elect, by notice in writing to the Benefits Board, not to contribute under these Regulations.

Saving of existing contributions.

26. (1) Where, immediately before the commencement of these Regulations, a person was contributing to the Fund at a rate calculated under the Contract Officers Ordinance, he shall, after the commencement of these Regulations and subject to these Regulations, continue to contribute to that Fund at that rate.

(2) Amounts paid, before the commencement of these Regulations, by way of contributions to the Fund by a person who is a contributor under these Regulations to the Fund shall, for the purposes of these Regulations, be deemed to have been paid under these Regulations.

SCHEDULE Sub-regulation 11 (3)

Benefits payable after service of four years or more

Period of service	Benefit
An amount equal to the aggregate of amounts of contributions plus compound interest at the prescribed rate, multiplied by—
4 years but less than 8 ......................................	11/2
8 years but less than 10 .....................................	2
10 years but less than 12 ...................................	21/2
12 years or more...............................................	3.