Parliamentary Contributory Superannuation Fund Acts Amendment Act of 1961 (10 Eliz ll No. 45) (Qld)

184 (@ueeuslanb ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••••••••••••••••••••••••••••••• 0 •• ••• No. 45 An Act to Amend "The Parliamentary Contributory Superannuation Fund Acts, 1948 to 1958," in certain particulars [ASSENTED TO 13TH DECEMBER, 1961] B E 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:- Short title 1. (I) This Act may be cited as" The Parliamentary Contributory Superannuation Fund Acts Amendment Act of 1961." Principal (2) " The Parliamentary Contributory Superannuation Act Fund Acts, 1948 to 1958," are in this Act referred to as the Principal Act. Collective (3) The Principal Act and this Act may be title collectively cited as " The Parliamentary Contributory Superannuation Fund Acts, 1948 to 1961."

1961 Parliamentary Contributory, Etc. Act 185 2. (1) Section 1lA of the Principal Act is amended- 0 Am S re . n1d1m A ents (a) by omitting from paragraph (a) of subsection (I) the words "twelve pounds ten shillings" and inserting in their stead the words " fifteen pounds " ; (b) by omitting from paragraph (b) of subsection (I) the words "fifteen pounds" and inserting in their stead the words " seventeen pounds ten shillings '' ; (c) by omitting from paragraph (c) of subsection (I) the words "seventeen pounds ten shillings" and inserting in their stead the words " twenty pounds " ; and (d) by omitting subsection (2) and inserting in its stead the following subsection :-- " (2) This section shall apply in the case of- (a) Every person who was a member on the first day of January, one thousand nine hundred and sixty-one and who was a contributor on that date for annuity benefit under this Act at the rate prescribed by subsection (IA) of section six of this Act ; and (b) Every person who became or becomes (or again becomes) a member after the said first day of January." (2) Subsection (1) of this section shall be deemed ~e~rospec- to have come into operation on the first day of January, tlVlty one thousand nine hundred and sixty-one and to the extent necessary to give operation to this subsection this Act shall operate retrospectively. 3. The Principal Act is amended by inserting after New section fourteen the following section :- s. 14 A " [14A.] (1) Subject to this section, if any- (a) member ; Payments to children (b) person who has ceased to be a member before his death and who, at the time of his death, is in receipt of an annuity under this Act, or save for section fifteen of this Act, would be in receipt of an annuity under this Act ; or

186 Parliamentary Contributory, Etc., Act 10 ELIZ. II. No. 45. (c) person who has ceased to be a member before his death and in respect of whose widow, if he were survived by a widow to whom he was married before he ceased to be a member, an annuity would be payable pursuant to subsections two or three of section fourteen of this Act, dies leaving any child or children under the age of eighteen years, the trustees may, in their absolute discretion, make from the fund payment in respect of such child or children. (2) The trustees shall not make any payment from the fund- (a) in respect of any child or children of a deceased member or person in respect of any period for which an annuity is payable in respect of the widow of such member or person or, where annuity under this Act has ceased to be payable to the widow of such member or person by reason of her re- marriage, during her lifetime ; or (b) in respect of any child, in respect of any period after the child has attained the age of eighteen years. (3) The rate or aggregate of the rates of payment from the fund in respect of any child or children shall not exceed the rate of the annuity under this Act which would be payable to the widow of the deceased member or person in question if she were alive and entitled to such annuity. (4) Payment from the fund under this section shall not be made in respect of a child or children the issue of a marriage contracted by a person after he ceased to be a member. (5) Payment under this section in respect of any particular child or children may be made as determined from time to time by the trustees and either to the guardian or, if deemed necessary or expedient by the trustees for the better maintenance, support or education of such child or children, in whole or in part to such person as the trustees determine.

1961 Parliamentary Contributory, Etc., Act The trustees shall not be under any obligation or duty to inquire into or see to the proper application of any moneys paid from the fund under this section." 187 4. Section sixteen of the Principal Act is amended Amendment by omitting from subsection (1) the words " without of s. 16 interest " and inserting in their stead the words " together with interest thereon at the rate of three pounds per centum per annum but nothing in this subsection shall authorise the payment of interest in respect of any period prior to the first day of January, one thousand nine hundred and sixty-one ". 5. Section seventeen of the Principal Act is Amendment amended by omitting the words "without interest" and of s. 17 inserting in their stead the words " together with interest thereon at the rate of three pounds per centum per annum but nothing in this section shall authorise the payment of interest in respect of any period prior to the first day of January, one thousand nine hundred and sixty-one ". 6. Section 17 A of the Principal Act is amended- Amendments (a) by omitting from subsection (1) the words ofs. 17A " without interest " and inserting in their stead the words "together with interest thereon at the rate of three pounds per centum per annum but nothing in this subsection shall authorise the payment of interest in respect of any period prior to the first day of January, one thousand nine hundred and sixty-one." ; (b) by omitting from subsection (2) the words " without interest " and inserting in their stead the words "together with interest thereon at the rate of three pounds per centum per annum but nothing in this subsection shall authorise the payment of interest in respect of any period prior to the first day of January, one thousand nine hundred and sixty-one " ; and (c) by adding the following subsection :- " (3) Subsections (1) or (2) of this section do not apply to a deceased member or person who is survived by a child or children under the age of eighteen years in respect of whom the trustees may make payment from the fund under section 14A of this Act."

188 Parliamentary Contributory, Etc., Act 10 ELIZ. IL No. 45, 1961 oApatnhyneaurbislteuym i a n snd befor7e.th ( e 1) firEsvt edrayy opefrJsaonnuawryh, oonceeathseodustaondbneinae hmuenmdrbeedr rpbeeesrcpsaeomcnieso w f ho athned " sisxatyid-ondeate(h"e)resinhaaflltercoinntitnhuise steocthioanveretfheerrerdightot oasr entitled thereto before claim (if any) to be paid annuity from The Parliamentary Contributory Superannuation Fund had by him 1st January immediately prior to the said date under the Principal Act 1961, &c. and shall be paid annuity from the fund accordingly but no such person shall have any right or claim to be paid annuity or any other sum whatsoever from the fund or otherwise howsoever under or by virtue of the Principal Act as amended by this Act unless he again becomes a member. (2) Upon the death of a person who ceased to be a member before the said date after not less than nine years' service as a member, the widow of that person shall have the right or claim (if any) to be paid annuity from The Parliamentary Contributory Superannuation Fund which she would have had if this Act had not been passed and payment of annuity shall be made from the fund as prescribed by the Principal Act on and from the date of death and thereafter while the widow continues to be entitled to such payment under the Principal Act. (3) Every annuity being paid from The Parliamentary Contributory Superannuation Fund immediately prior to the said date in respect of any widow under the Principal Act shall continue to be payable at the rate at which the same was so being paid on and from the said date and thereafter whilst the same continues to be payable under the Principal Act. (4) Annuity under the Principal Act as amended by this Act shall not be payable to or claimable by or on behalf of any widow in respect of whom annuity is payable from The Parliamentary Contributory Superannuation Fund as prescribed by subsections (2) or (3) of this section. (5) Section sixteen and subsection (2) of section 17 A of the Principal Act as amended by this Act shall apply only with respect to contributions by a person who is a member at the date of the passing of this Act or who, subsequently to that date, becomes or again becomes a member.

1961 Parliamentary Contributory, Etc. Act (6) Upon the death of any person who has ceased to be a member before the date of the passing of this Act after not less than nine years' service as a member in the circumstances specified in subsection (2) of section 17 A of the Principal Act payment shall be made as prescribed by that subsection. (7) The Principal Act as in force immediately prior to the commencement of this Act shall continue in force to the extent necessary to give operation and effect to this section. 189