Parliamentary Contributory Superannuation Fund Acts Amendment Act of 1967 (Qld)

351 Q11.CB1islu br ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 39 of 1967 An Act to Amend " The Parliamentary Contributory Super- annuation Fund Acts, 1948 to 1965," in, certain particulars [ASSENTED TO 14TH DECEMBER, 19671 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:- 1. (1) Short title . This Act may be cited as "The Parliamentary Contributory Superannuation Fund Acts Amendment Act of 1967." (2) Principal Act. " The Parliamentary Contributory Superannuation Fund Acts, 1948 to 1965," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Parliamentary Contributory Superannuation Fund Acts, 1948 to 1967." 2. Amendment of s. 2 (1). Subsection (1) of section two of the Principal Act is amended by adding the following definition:- " " Widow "-Includes a widower." 3. Amendments of s. 6. Section six of the Principal Act is amended by- (a) in subsection (I)- (i) omitting. where appearing in paragraph (a) the words " a sum of ten pounds " and inserting in their stead the words " a sum of twenty-four dollars "; and

352 Parliamentary Cont. Super . Fund Acts Amdt Act of 1967, No. 39 (ii) omitting where appearing in paragraph (b) the words " a sum at the rate equal to ten pounds per fortnight " and inserting in their stead the words "a sum equal to the rate of twenty-four dollars per fortnight "; and (b) in subsection (2)- (i) omitting where appearing in paragraph (a) the words " a sum equal to the contributions " and inserting in their stead the words " a sum equal to one hundred and twenty-five per centum of the contributions "; and (ii) omitting paragraph (c) and inserting in its stead the following paragraph:- (c) In respect of each financial year such sum as when added to the income from investments accrued to the fund during the year in question will provide an earning rate of not less than five and a half per centum per annum, such rate to be determined by dividing one hundred times the income from investments accrued to the fund in that year by the average of investible moneys in the fund in that year less one half of the income from investments accrued to the fund in that year." 4. Repeal of and new s. It . The Principal Act is amended by repealing section eleven and inserting in its stead the following section:- " [11.] Rate of Annuity. (I) The rate of annuity benefit payable under and in pursuance of this Act in respect of service as a member shall depend on the length of that service as follows :- (a) in respect of service of nine years or longer but less than twelve years as a member, annuity benefit shall be computed at the rate of forty-two dollars a week; (b) in respect of service of twelve years or longer but less than fifteen years as a member, annuity benefit shall be computed at the rate of fifty-one dollars a week; and (c) in respect of service of fifteen years or longer as a member, annuity benefit shall be computed at the rate of sixty dollars a week. (2) Subsection (1) of this section applies in the case of every person who is a member at the date of the passing of " The Parliamentary Contributory Superannuation Fund Acts Amendment Act of 1967," or who becomes a member after that date." 5. Amendment of s. 14 . Section fourteen of the Principal Act is amended by omitting subsection (7). 6. New s. 14B inserted . The Principal Act is amended by inserting after section 14A the following section:- " [148.] Payment to female dependent . (I) At any time when a member, or person who has ceased to be a member, who has no spouse is contributing to the fund as prescribed by subsection (1) of section six of this Act, such member or person may notify in writing the trustees- (a) that he has no spouse; and (b) that a female member of his family who is his 'mother, sister or daughter is his housekeeper and is being totally or mainly maintained by him.

Parlianrentar _ r Cont. Super . Fund Acts , 4mcf1 Act of 1967, No. 39 353 (2) Upon the death of any- (a) member: (h) 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 (r) 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 (2) or (3) of section fourteen of this Act, who has given to the trustees as required by subsection (1) of this section the notice prescribed by that subsection, then, subject to subsections (3) and (4) of this section, the provisions of this Act shall apply with respect to the female named in such notice as if she were the widow of the deceased member or person in question and, in the latter case, as if she had married him before he ceased to be a member. (3) The provisions of this Act shall not apply as prescribed by subsection (2) of this section unless in respect of the female in question the trustees are satisfied that- (a) at the time when the notice mentioned in subsection (l) of this section was given to the trustees and continuously thereafter until the date of death of the deceased member or person she was a member of his family and his housekeeper and was totally or mainly maintained by him; and (h) during a period or periods of or aggregating not less than five years during which the deceased member or person was a contributor to the fund as prescribed by subsection (1) of section six of this Act she was a member of his family and his housekeeper and was totally or mainly maintained by him. (4) The trustees shall set off against annuity payable under this section in respect of any period any payment from the fund made under section 14A of this Act in respect of that period to any child or children of the deceased member or person in question." 7. Amendment of s. 15 (1). Subsection (I) of section fifteen of the Principal Act is amended by inserting after paragraph (e) the following paragraph:- or (d) is in receipt of, or is entitled to receive, a pension received or receivable by her by reason of being the widow of a member of any such Parliament or of a person who has held any -such office." 8. Amendments of s. 16 (1). Subsection (I) of section sixteen of the Principal Act is amended by- (a) omitting the words ".at the rate of three pounds per centum per annum and inserting in their stead the words " at the prescribed rate "; and (h) adding to that subsection the following paragraph:- Interest at the prescribed rate shall be- (a) on so much of the contribution as was made in respect of service as a member before the first day of January, one thousand nine hundred and sixty-eight, at the rate of' three per centum per annum; and 12

354 Parliamentary Cont. Super. Fund Acts Anult Act of 1967, No. 39 (b) on so much of the contribution as was made in respect of service as a member on or after the first day of January, one thousand nine hundred and sixty-eight, at the rate of three and a half per centum per annum." 9. Amendments of s. 17. Section seventeen of the Principal Act is amended by- (a) omitting the words " at the rate of three pounds per centum per annum " and inserting in their stead the words " at the prescribed rate "; and (b) adding the following paragraph:- Interest at the prescribed rate shall be- (a) on so much of the contribution as was made in respect of service as a member before the first day of January, one thousand nine hundred and sixty-eight, at the rate of three per centum per annum; and (b) on so much of the contribution as was made in respect of service as a member on or after the first day of January, one thousand nine hundred and sixty-eight, at the rate of three and a-half per centum per annum." 10. Amendments of s. 17A. Section 17A of the Principal • Act is amended by- (a) in subsection (I) omitting the words " at the rate of three pounds per centum per annum " and inserting in their stead the words " at the prescribed rate "; (b) in subsection (2) omitting the words " at the rate of three pounds per centum per annum " and inserting in their stead the words " at the prescribed rate "; (c) inserting after subsection (2) the following subsection:- " (3) For the purposes of subsections (1) and (2) of this subsection interest at the prescribed rate shall be- (a) on so much of the contribution as was made in respect of service as a member before the first day of January, one thousand nine hundred and sixty-eight, at the rate of three per centum per annum; and (b) on so much of the contribution as was made in respect of service as a member on or after the first day of January, one thousand nine hundred and sixty-eight, at the rate of three and a-half per centum per annum."; and (d) renumbering subsection (3) as subsection (4). 11. Subsisting rights. (1) In this section the " said date " means the date of the passing of this Act. (2) Annuity under this Act which, by virtue of the service as a member of a person who ceased to be a member before the said date, and who did not again become a member on or after the said date, is payable to such person or the widow of such person in respect of any period commenced on or after the said date shall be paid to him or her at the weekly rate prescribed by the Principal Act increased by the one of the following which is the greater, namely:- (a) the weekly rate so prescribed increased by eight per centum; or (b) the weekly rate so prescribed increased by two dollars.

Parliamentary Cont. Super. Fund Acts Arndt Act of 1967, No. 39 355 Any bonus referred to in paragraph (b) of subsection four of this section shall not be taken into account in calculating such increased weekly rate of any annuity. (3) Unless a person referred to in subsection (2) of this section again becomes a member on or after the said date, annuity under the Principal Act as amended by this Act shall not be payable to or claimable by or on behalf of such person or his widow, (4) This section applies- (a) subject to section fifteen of the Principal Act as amended by this Act; (b) so as not to prejudice or affect the right of any person or widow referred to in subsection (2) of this section, to be paid any bonus which. pursuant to the provisions of the Principal Act has been added to the annuity payable to such widow or person and is payable.