Parliamentary Contributory Superannuation Amendment Act 1983 (Cth)
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Transfer value payable in respect of previous employment
5. Appointment of certain trustees
6. Repeal of section 13 and substitution of new section—
13. Contributions
7. Additional contributions by Ministers of State and office holders in respect of service before 12 June 1978
8. Commonwealth supplement
9. Benefits to members
10. Certain members who retire by reason of ill-health deemed to have had 8 years service
11. Commutation of retiring allowance
12. Benefits to widow or widower
13. Benefits in respect of orphaned children
14. Benefits payable to personal representative
15. Additional benefit to Prime Minister
16. Re-election to the Parliament
17. Period of service as member of a State Parliament or Northern Territory Legislative Assembly to be taken into account in certain circumstances
18. Reduction of benefits by reason of membership of a State Parliament or Northern Territory Legislative Assembly
19. Insertion of new section—
21b. Effect of the holding of offices of profit upon certain retiring allowances and annuities
20. Notional salaries, &c, for certain offices
21. Payment of retiring allowances and annuities
22. Regulations
23. Transitional provisions
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (1) the definition of “office holder” and substituting the following definitions:
“‘Minister of State’ means a Minister of State who is entitled to a parliamentary allowance;
“‘office’, in relation to a Minister of State, includes the following offices, namely:
(a) Prime Minister;
(b) Deputy Prime Minister;
(c) Leader of the Government in the Senate;
(d) Deputy Leader of the Government in the Senate;
(e) Leader of the House;
(f) Vice-President of the Executive Council;
(g) Minister of State Assisting another Minister of State;
(h) an office, or an office included in a class of offices, prescribed for the purposes of this paragraph;
“‘office holder’ means a person who—
(a) is entitled to a parliamentary allowance; and
(b) holds an office in, or in relation to, the Parliament or either House, being an office in respect of which he is entitled to an allowance by way of salary,
but does not include a Minister of State;”; and
(b) by omitting from sub-section (1) the definition of “salary” and substituting the following definition:
“‘salary’, in relation to a Minister of State, does not include any allowance;”.
(a) by inserting before the definition of “annuity” in sub-section (1) the following definition:
“‘allowance by way of salary’ does not include special allowance of office, electorate allowance, travelling allowance or any allowance, or any allowance included in a class of allowances, prescribed for the purposes of this definition;”;
(b) by omitting from sub-section (1) the definition of “parliamentary allowance” and substituting the following definition:
“‘parliamentary allowance’ means—
(a) an allowance under—
(i) section 3 of the
Parliamentary Allowances Act 1920 ; or(ii) sub-section 4 (1) or 5 (1) of the
Parliamentary Allowances Act 1952 , as in force at any time before the commencement of sections 169 and 170 of theStatute Law (Miscellaneous Amendments) Act (No. 1) 1982 ; or(b) an allowance by way of salary under section 4 of the
Parliamentary Allowances Act 1952 (other than an allowance by way of salary payable by reason of the holding of a particular office, or the performing of particular functions in, or in relation to, the Parliament or either House);”;(c) by omitting from sub-section (1) the definition of “period of service” and substituting the following definition:
“‘period of service’, in relation to a person, means (subject to section 20) the period, or the sum of the periods (whether continuous or not), whether before or after the commencement of this Act, during which the person was entitled to parliamentary allowance, and includes any period by which the period of service of the person is deemed to be increased by virtue of sub-section 22q (4);”; and
(d) by adding at the end thereof the following sub-section:
“(5) A person shall, for the purposes of this Act, be taken to be, or to have been, entitled to parliamentary allowance during any period in respect of which the person is or was, as the case may be, entitled to be paid parliamentary allowance by virtue of—
(a) section 4 or 5 of the
Parliamentary Allowances Act 1920 ;(b) sub-section 4 (3) or (4) or 5 (4) or (5) of the
Parliamentary Allowances Act 1952 , as in force at any time before the commencement of sections 169 and 170 of theStatute Law (Miscellaneous Amendments) Act (No. 1) 1982 ; or(c) section 5 or 5a of the
Parliamentary Allowances Act 1952 ”.
“ (ii) does not include a reference to any part of the lump sum constituting the transfer value that was based upon contributions by the member that were, or were of a similar nature to, contributions under the
Superannuation Act 1922 for reserve units of pension or contributions under section 48 of theSuperannuation Act 1976”.
“13. (1) A person who is entitled to a parliamentary allowance shall, during his period of service, pay contributions to the Commonwealth—
(a) in the case of a person whose period of service is less than 18 years—at the rate per month of 11½% of the monthly amount of the parliamentary allowance to which he is entitled; or
(b) in the case of a person whose period of service is not less than 18 years—at the rate per month of 5
3 /4 %of the monthly amount of the parliamentary allowance to which he is entitled.
“(2) Subject to
sub-section (4), a Minister of State shall, in addition to the contributions
payable by him under sub-section (1), pay contributions to the Commonwealth,
during the period during which he serves as a Minister of State, at the rate
per month of 11
“(3) Subject to sub-section (4), an office holder shall, in addition to the contributions payable by him under sub-section (1), pay contributions to the Commonwealth, during the period during which he serves as, and in respect of each office by virtue of which he is, an office holder, at the rate per month of 11½ of the monthly amount of the allowance by way of salary to which he is entitled in respect of that office.
“(4) If, at any time, a Minister of State or an office holder would, if he ceased to be entitled to parliamentary allowance at that time, be entitled to additional retiring allowance under sub-section 18 (9) at a rate which is—
(a) in a case where he would be entitled to additional retiring allowance in respect of one office only—75% of the rate, at that time, at which
salary or allowance by way of salary, as the case may be, is payable in respect of that office; or
(b) in a case where he would be entitled to additional retiring allowance in respect of 2 or more offices—75% of the rate that is the highest rate, at that time, at which salary or allowance by way of salary, as the case may be, is payable in respect of either or any of those offices,
then, so long as he
continues to be a Minister of State who, or an office holder who, would, if he
ceased to be entitled to parliamentary allowance, be entitled to additional
retiring allowance under that sub-section at that rate, sub-section (2) or (3),
as the case may be, applies to him as if the reference to 11
“(5) For the purposes of sub-sections (1), (2) and (3)—
(a) the monthly amount of the parliamentary allowance to which a person is entitled shall be deemed to be one-twelfth of the annual amount of that allowance;
(b) the monthly amount of the salary to which a Minister of State is entitled as Minister of State shall be deemed to be one-twelfth of the annual amount of that salary; and
(c) the monthly amount of the allowance by way of salary to which an office holder is entitled in respect of an office shall be deemed to be one-twelfth of the annual amount of that allowance.
“(6) The contributions payable by a person under this section shall be deducted—
(a) in the case of contributions under sub-section (1)—from payments of parliamentary allowance made to the person;
(b) in the case of contributions under sub-section (2)—from payments of parliamentary allowance made to the person or of salary made to the person as Minister of State; and
(c) in the case of contributions under sub-section (3)—from payments of parliamentary allowance made to the person or of allowance by way of salary made to the person as office holder.
“(7) Each deduction under sub-section (6) shall, as far as practicable, be made in respect of the same period as that in respect of the payment from which it is deducted is made.
“(8) Amounts deducted under sub-section (6) shall be paid to the Commonwealth.
“(9) In this section, ‘month’ means one of the 12 months of the year.”,
(a) by inserting in sub-section (1) “a Minister of State or” before “an office holder”;
(b) by omitting from sub-sections (2) and (3) “an office holder for any period or periods” and substituting “a Minister of State or an office holder during any period or periods, or as a Minister of State and an office holder during different periods,”; and
(c) by omitting paragraph (4) (b) and substituting the following paragraph:
“(b) if, during the period that commenced on 8 June 1973 and ended on 11 June 1978, he served as a Minister of State or an office holder during any period or periods, or as a Minister of State and an office holder during different periods—pay to the Commonwealth an amount equal to 11
1 /2 %of the sum of—(i) the total of the amounts of salary to which he was entitled as Minister of State in respect of the period or periods (if any) during which he so served as a Minister of State; and
(ii) the total of the amounts of allowance by way of salary to which he was entitled as office holder in respect of the period or periods (if any) during which he so served as an office holder.”.
“(4) For the purpose of ascertaining the Commonwealth supplement in relation to a person who paid contributions in accordance with sub-section 13 (2) as that sub-section has effect by virtue of sub-section 13 (4), sub-section 13 (3) as that sub-section has effect by virtue of sub-section 13 (4) or both those sub-sections as they so have effect, he shall be deemed to have paid, in addition to the contributions that he so paid (in this sub-section referred to as the ‘relevant contributions’) and any other contributions that he paid, further contributions equal to the relevant contributions.”.
(a) by omitting sub-section (9) and substituting the following sub-section:
“(9) Where the period of service of a person who became entitled to a retiring allowance after 30 June 1980 includes a period or periods
during which the person served as a Minister of State or as an office holder, the person is entitled, in respect of—
(a) his service in each office that he held as a Minister of State (other than his service in an office, during a period that he held more than one office as a Minister of State, that did not affect the salary to which he was entitled as Minister of State during that period); or
(b) his service in each office by virtue of which he was an office holder,
as the case may be, to additional retiring allowance in respect of his service in that office at a rate equal to such percentage of the rate, for the time being, at which salary is payable to a Minister of State or allowance by way of salary is payable to an office holder, as the case may be, in respect of that office as is determined in accordance with sub-section (10) to be the relevant percentage in respect of his service in that office.”;
(b) by omitting from sub-sections (10) and (10a) “member” (wherever occurring) and substituting “person”;
(c) by omitting from sub-section (10b) “salary is paid” (wherever occurring) and substituting “salary or allowance by way of salary, as the case may be, is payable”; and
(d) by omitting from sub-section (11) “in receipt of a” and substituting “entitled to”.
(a) by omitting from sub-section (6) “the parliamentary allowance for the time being determined by the Remuneration Tribunal in lieu of the rate specified in sub-section 4 (1), or sub-section 5 (1), whichever is appropriate, of the
Parliamentary Allowances Act 1952 ” and substituting “parliamentary allowance for the time being payable to a member”;(b) by omitting from paragraph (7) (a) “member” and substituting “person”;
(c) by omitting from sub-section (7) “the parliamentary allowance applicable in relation to the member” and substituting “parliamentary allowance applicable in relation to the person”; and
(d) by omitting from sub-section (8) “member” and substituting “person”.
(a) by omitting from paragraph (2) (c) “20a or”;
(b) by omitting from sub-section (3) “any one or more of the following paragraphs that is or are applicable in relation to him” and substituting “any of the following paragraphs”;
(c) by omitting paragraph (3) (b);
(d) by omitting sub-sections (5) and (5a); and
(e) by omitting from sub-section (8) “, 20a”.
(a) by omitting sub-section (6) and substituting the following sub-section:
“(6) Where a person elects to convert a percentage of his retiring allowance to a lump sum payment in accordance with sub-section (3)—
(a) the percentage of the rate of parliamentary allowance applicable in relation to him under section 18 for the purpose of calculating the rate of retiring allowance payable to him under that section (other than any additional retiring allowance payable under sub-section (9) of that section) shall, in lieu of the percentage (in this paragraph referred to as the ‘previous percentage’) that would, but for this paragraph, be applicable in relation to him under that section, be ascertained in accordance with the formula p
where—
p is the previous percentage; and
s is the specified percentage;
(b) if the person is entitled to additional retiring allowance under sub-section 18 (9), the percentage that is, under that sub-section, the relevant percentage for the purpose of ascertaining the additional retiring allowance payable to him under that sub-section in respect of his service in an office shall, in lieu of the percentage (in this paragraph referred to as the ‘previous percentage’) that would, but for this paragraph, be the relevant percentage, under that sub-section, in respect of his service in that office, be ascertained in accordance with the formula p
where—
p is the previous percentage; and
s is the specified percentage; and
(c) if a payment or payments of retiring allowance has or have already been made to him since he became entitled to the retiring allowance, the amount of the lump sum payment referred to in sub-section (4) shall be reduced by so much of the amount of the payment, or of the sum of the amounts of the
payments, already made as relates or relate to the specified percentage of the retiring allowance.”; and
(b) by omitting from sub-sections (13) and (14) “(6) (b)” and substituting “(6) (c)”.
(a) by omitting from sub-section (3) “the whole or such percentage” and substituting “such percentage (not exceeding 50%)”;
(b) by inserting in sub-section (3) “(in this section referred to as the ‘specified percentage’)” after “the notice”;
(c) by omitting sub-sections (5a) and (8);
(d) by omitting from paragraph (9) (b) “the whole or”; and
(e) by omitting from sub-sections (13) and (14) “(5a) (b) or (6) (c), whichever is applicable” and substituting “(6) (c)”.
(3) Until the
commencement of sub-section (2) of this section, section 18b of the
(a) by omitting from paragraph (1) (b) “, or would, but for paragraph 18b (5a) (a), be entitled,”;
(b) by omitting paragraphs (3) (b) and (c) and substituting the following word and paragraph:
“and (b) where his period of service was less than 8 years—his period of service had been 8 years.”; and
(c) by omitting from sub-section (7) “, or would, but for paragraph 18b (5a) (a), have been entitled,”.
(a) by inserting in paragraph (1) (b) “(whether or not the retiring allowance is immediately payable)” after “allowance”;
(b) by inserting before paragraph (3) (a) the following paragraph:
“(aa) where he died while entitled to a retiring allowance the rate of which was, at the time of his death, reduced under section 21b—the rate of retiring allowance to which he was entitled was not so reduced;”; and
(c) by inserting in sub-section (7) “(whether or not the retiring allowance was immediately payable)” after “his or her death”.
(3) If sub-section
(2) of this section comes into operation before the commencement of sub-section
11 (2) of the
as if the reference in paragraph (3) (aa) to section 21b were a reference to section 21 or 21b.
(a) by adding at the end of paragraph (2) (a) “or”;
(b) by omitting from paragraph (2) (b) “or” (last occurring);
(c) by omitting paragraph (2) (c);
(d) by omitting from sub-section (2a) all the words from and including “or the deceased person” to and including “at the time of his death”; and
(e) by omitting from paragraph (4) (a) “(2) (a), (b) or (c)” and substituting “(2) (a) or (b)”.
(a) by inserting in paragraph (2) (b) “(whether or not the retiring allowance was or is, as the case may be, immediately payable)” after “allowance”;
(b) by inserting in sub-section (2a) “(whether or not the retiring allowance was immediately payable)” after “while entitled to a retiring allowance”;
(c) by inserting in sub-section (3) “(whether or not the annuity is immediately payable)” after “annuity under section 19”; and
(d) by adding at the end of paragraph (4) (c) “and, if the rate of the annuity was, at the time of his or her death, reduced under section 21b, the annuity was not so reduced”.
(a) by inserting in paragraph (1) (a) “(whether or not the retiring allowance is immediately payable)” after “a retiring allowance”; and
(b) by inserting in paragraph (2) (a) “(whether or not the retiring allowance is immediately payable)” after “a retiring allowance”.
(a) by omitting from sub-section (2d) “the whole or”;
(b) by omitting sub-section (3aa);
(c) by omitting from paragraphs (3a) (a), (c) and (d) “the whole or”;
(d) by omitting sub-section (3b); and
(e) by omitting from sub-section (3c) “or (3b)”.
(a) by omitting from sub-section (3) “in receipt of a retiring allowance under this Act” and substituting “who is entitled to a retiring allowance”;
(b) by inserting in sub-section (3) “(whether or not the retiring allowance is immediately payable)” after “as a member”;
(c) by omitting from sub-section (4) “in receipt of an annuity as a widow or widower” and substituting “who is entitled to an annuity as a widow or widower (whether or not the annuity is immediately payable)”; and
(d) by omitting from paragraph (4) (a) “in receipt of a” and substituting “entitled to”.
“21b. (1) In this section, unless the contrary intention appears—
“‘authorized officer’ means an officer of the Department who is appointed by the Secretary to be an authorized officer for the purposes of this section;
“‘Governor’ means—
(a) in relation to a State—the Governor of the State; and
(b) in relation to a Territory—the Administrator of the Territory;
“‘holder of an office of profit under the Commonwealth’ means—
(a) the Governor-General;
(b) a Justice or Judge of a federal court;
(c) a person who, by virtue of an Act, has the same status as a Justice or Judge of a federal court or of the Supreme Court of a Territory;
(d) the holder of an office referred to in paragraph (a) of the definition of ‘office of Permanent Head’ in sub-section 7 (1) of the
Public Service Act 1922; (e) a head of mission within the meaning of the Vienna Convention on Diplomatic Relations, a copy of the English text of which is set out in the Schedule to the
Diplomatic Privileges and Immunities Act 1967, or a head of consular post within the meaning of the Vienna Convention on Consular Relations, a copy of the English text of which is set out in the Schedule to theConsular Privileges and Immunities Act 1972, being a mission sent, or consular post established, by Australia; or(f) the holder of a public office within the meaning of Part II of the
Remuneration Tribunals Act 1973; “‘holder of an office of profit under a State’ means—
(a) the Governor of the State;
(b) a Justice or Judge of a court of the State;
(c) a magistrate; or
(d) the holder of—
(i) an office established for a public purpose by or under a law of the State, being an office appointments to which are or may be made by—
(a) the Governor of the State; or
(b) a Minister of the State; or
(ii) any other appointment made for a public purpose by—
(a) the Governor of the State; or
(b) a Minister of the State,
but does not include a member of the Parliament of the State;
“‘Minister’ means—
(a) in relation to a State—a Minister of the Crown for the State; and
(b) in relation to a Territory—a person holding, in relation to the Territory, an office corresponding to the office of Minister of the Crown for a State;
“‘Parliament’, in relation to the Northern Territory, means the Legislative Assembly of the Northern Territory;
“‘pension’, in relation to any office, includes any benefit payable, whether by way of a lump sum or otherwise, under a superannuation scheme applicable in relation to the office, being a benefit—
(a) payable upon the termination of the office; and
(b) based—
(i) wholly upon contributions paid under the scheme by the person who is, under the scheme, the employer; or
(ii) partly upon such contributions and partly upon contributions paid under the scheme by the person who is, under the scheme, the employee;
“‘relevant benefit’ means—
(a) a retiring allowance under section 18, and includes additional retiring allowance under sub-section 18 (9); or
(b) an annuity under section 19;
“‘remuneration’ includes any annual allowance, but does not include—
(a) any amount paid for the reimbursement of expenses reasonably incurred; or
(b) any allowance under section 4 of the
Parliamentary Allowances Act 1952; “‘Secretary’ means the Secretary to the Department;
“‘State’ includes Territory.
“(2) Subject to sub-sections (3) and (4), where a person who is entitled to a relevant benefit is—
(a) the holder of an office of profit under the Commonwealth;
(b) the holder of an office of profit under a State; or
(c) entitled to a pension arising out of service in such an office, whether the office was held by the person or another person and whether the office was held before or after the commencement of this section,
the rate at which the relevant benefit would otherwise be payable to the person shall be reduced by the rate of the remuneration received by him in respect of the office or the rate at which the pension referred to in paragraph (c) is paid to him, as the case may be.
“(3) Where the remuneration or pension, as the case may be, by reference to which the relevant benefit is to be reduced under sub-section (2) is payable otherwise than at a periodical rate, the reduction of the relevant benefit shall be made to such extent, and in such manner, as the Trust determines by instrument in writing.
“(4) Notwithstanding anything contained in sub-sections (2) and (3), the rate of a relevant benefit to which a person is entitled shall not be reduced, or continue to be reduced, under those sub-sections by a rate that is more than one-half of the rate at which the relevant benefit would have been payable to the person but for those sub-sections and—
(a) if sub-section 18b (6) applies, whether directly or indirectly, in relation to the relevant benefit—that sub-section; and
(b) if sub-section 20 (3a) applies, whether directly or indirectly, in relation to the relevant benefit—that sub-section.
“(5) In the event of a person who is entitled to a relevant benefit becoming—
(a) the holder of an office of profit under the Commonwealth;
(b) the holder of an office of profit under a State; or
(c) entitled to a pension arising out of service in such an office, whether the office was held by the person or another person and whether the office was held before or after the commencement of this section,
the person shall, within 14 days after the occurrence of the event, notify the Secretary, in writing, accordingly.
Penalty for contravention of sub-section: $500.
“(6) The Secretary or an authorized officer may, by notice in writing served, personally or by post, on a person who is entitled to a relevant benefit (whether or not the relevant benefit is immediately payable), require the person to furnish to the Secretary, within such reasonable time as is specified in the notice, such information as is specified in the notice, being information that, in the opinion of the Secretary or the authorized officer, as the case may be, is or may be relevant to the application of this section to the person.
“(7) A person shall not, without reasonable excuse, refuse or fail duly to furnish information that he is required to furnish by virtue of a notice under sub-section (6).
Penalty for contravention of sub-section: $500.
“(8) A person shall not—
(a) make a statement, in a notification made in pursuance of sub-section (5), that is, to his knowledge, false or misleading in a material particular; or
(b) furnish information to the Secretary, in pursuance of a notice under sub-section (6), that is, to his knowledge, false or misleading in a material particular.
Penalty for contravention of sub-section: $2,000.”.
(a) becomes entitled to a retiring allowance after the commencement of this section; or
(b) dies, after the commencement of this section, while entitled to a parliamentary allowance.
(a) by inserting “or an allowance by way of salary” after “a salary”;
(b) by inserting “or allowance by way of salary, as the case may be,” after “of this Act, salary”; and
(c) by adding at the end thereof “by instrument in writing”.
“(2) Where the rate of a retiring allowance or annuity is an annual rate, the amount of the retiring allowance or annuity, as the case may be, payable in respect of a period that is not a complete year, or an exact number of complete years, shall be ascertained—
(a) where the period is one day—by dividing the annual amount of the retiring allowance or annuity, as the case may be, by 365; and
(b) where the period is a number of days—by multiplying the annual amount of the retiring allowance or annuity, as the case may be, by the number of days in the period and dividing the product by 365.
“(3) Where the rate of a retiring allowance or annuity is a weekly rate, the amount of the retiring allowance or annuity, as the case may be, payable in respect of a period that is not a complete week, or an exact number of complete weeks, shall be ascertained—
(a) where the period is one day—by dividing the weekly amount of the retiring allowance or annuity, as the case may be, by 7; and
(b) where the period is a number of days—by multiplying the weekly amount of the retiring allowance or annuity, as the case may be, by the number of days in the period and dividing the product by 7.”.
“(2) Regulations made for the purposes of the definition of ‘allowance by way of salary’, or the definition of ‘office’, in sub-section 4 (1) may be expressed to have taken effect from and including a day not earlier than 3 months before the making of the regulations.”.
(a) a person has elected or elects (whether on one occasion or more than one occasion) to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he became entitled before the commencement of this sub-section; and
(b) the person becomes entitled, after the commencement of this sub-section, to a retiring allowance (in this sub-section referred to as the “relevant retiring allowance”),
then,
notwithstanding anything contained in the
(c) if the person has previously elected on more than one occasion to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he was entitled and the total (in this paragraph referred to as the “relevant total”) of the annual amounts by which the respective retiring allowances to which he was entitled were reduced by reason of the elections is not less than 50% of the sum of the relevant total and the annual amount of the relevant retiring allowance—he is not entitled to elect to convert into a lump sum payment any percentage of the relevant retiring allowance;
(d) if the person has previously elected on only one occasion to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he was entitled and the annual amount (in this paragraph referred to as the “relevant amount”) by which that retiring allowance was reduced by reason of the election is not less than 50% of the sum of the relevant amount and the annual amount of the relevant retiring allowance—he is not entitled to elect to convert into a lump sum payment any percentage of the relevant retiring allowance;
(e) if the person has previously elected on more than one occasion to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he was entitled and the total (in this paragraph referred to as the “relevant total”) of the annual amounts by which the respective retiring allowances to which he was entitled were reduced by reason of the elections is less than 50% of the sum (in this paragraph referred to as the “relevant sum”) of the relevant total and the annual amount of the relevant retiring allowance—he is not entitled to elect to convert into a lump sum payment a percentage of the relevant retiring allowance that would result in the sum of the relevant total and the annual amount by which the relevant retiring allowance would be reduced by reason of the election exceeding 50% of the relevant sum; and
(f) if the person has previously elected on only one occasion to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he was entitled and the annual amount (in this paragraph referred to as the “relevant amount”) by which that retiring allowance was reduced by reason of the election is less than 50% of the sum (in this paragraph referred to as the “relevant sum”) of the relevant amount and the annual amount of the relevant retiring allowance—he is not entitled to elect to convert into a lump sum payment a percentage of the relevant retiring allowance that would result in the sum of the relevant amount and the annual amount by which the relevant retiring allowance would be reduced by reason of the election exceeding 50% of the relevant sum.
(a) elected or elects (whether on one occasion or more than one occasion) to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he became entitled before the commencement of this sub-section; and
(b) died before the commencement of this sub-section or dies, after the commencement of this sub-section, without again having become a member,
as if—
(c) those amendments had not been made; and
(d) the amendments of the Principal Act made by sub-section 11 (2) had not been made.
(a) elected or elects (whether on one occasion or more than one occasion) to convert into a lump sum payment the whole or a percentage of a retiring allowance to which he became entitled before the commencement of this sub-section; and
(b) dies after the commencement of this sub-section after again having become a member (whether on one occasion or more than one occasion),
as if the following paragraph were inserted after paragraph (a):
“(ba) where he had made an election under sub-section 18b (3) in relation to a retiring allowance to which he became entitled before the commencement of sub-section 12 (1) of the
Parliamentary Contributory Superannuation Amendment Act 1983— he had not made that election;”.
(a) became entitled to a retiring allowance before the commencement of this sub-section and has not again become a member; or
(b) died, before the commencement of this sub-section, while entitled to a parliamentary allowance,
as if those amendments had not been made.
1. No. 89, 1948, as amended. For previous amendments, see No. 3, 1952; No. 30, 1955; No. 20, 1959; No. 72, 1964; No. 35, 1965; No. 71, 1966; No. 103, 1968; No. 47, 1973; Nos. 36 and 41, 1978; Nos. 19 and 131, 1979; and No. 37, 1981.
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