Parliamentary Retiring Allowances Act 1952 (Cth)

PARLIAMENTARY RETIRING ALLOWANCES.

 

No. 3 of 1952.

An Act to amend the Parliamentary Retiring Allowances Act 1948, and for other purposes.

[Assented to 13th March, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Parliamentary Retiring Allowances Act 1952.

(2.) The Parliamentary Retiring Allowances Act 1948 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Parliamentary Retiring Allowances Act 1948–1952.

Commencement.

2.This Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and fifty-two.

 

Definitions.

3.Section four of the Principal Act is amended by omitting the definition of “parliamentary allowance” and inserting in its stead the following definition:—

“‘parliamentary allowance’ means the allowance paid to a member—

(a) under section three of the Parliamentary Allowances Act 1920 or of that Act as amended; or

(b)under sub-section (1.) of section four or of section five of the Parliamentary Allowances Act 1952,

and includes the allowance so paid, to a person who has been a member, from and including the day of dissolution or expiration of the House of which he was a member to and including the day to which the allowance was reckoned by virtue of section four or section five of the former Act or is reckoned by virtue of sub-section (4.) of section four or of sub-section (5.) of section five of the latter Act;”.

4.Section fourteen of the Principal Act is repealed and the following section inserted in its stead:—

Contributions by Commonwealth.

“14. The Commonwealth shall pay into the Fund—

(a)in respect of a pension under section eighteen of this Act at a rate not exceeding Bight pounds per week or under section nineteen of this Act at a rate not exceeding Five pounds per week—an amount per week equal to sixty per centum of the rate of the pension per week;

(b)in respect of a pension under section eighteen of this Act at a rate exceeding Eight pounds per week—an amount per week equal to the aggregate of Four pounds sixteen shillings and the amount by which the rate of the pension per week exceeds Eight pounds;

(c)in respect of a pension under section nineteen of this Act at a rate exceeding Five pounds per week—an amount per week equal to the aggregate of Three pounds and the amount by which the rate of the pension per week exceeds Five pounds;

(d)in respect of a pension under section nineteen a of this Act an amount equal to each amount of pension paid; and

(e) an amount equal to the Commonwealth supplement payable to a person.”.

Benefits applicable only to present and future members.

5.Section fifteen of the Principal Act is amended by omitting the word “Pensions” and inserting in its stead the words “Subject to section nineteen a of this Act, pensions”.

 

Benefits to members.

6.Section eighteen of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5.) There shall be payable to a person who is entitled to a pension under the preceding provisions of this section and has attained the age of sixty-five years additional pension at the rate of Two pounds per week.”.

Benefits on death of a member.

7.Section nineteen of the Principal Act is amended by inserting after sub-section (4.) the following sub-sections:—

“(4a.) There shall be payable to a person who is entitled to a pension under sub-section (2.) of this section as the widow of a person who would, if he were alive, be not less than sixty-five years of age additional pension at the rate of One pound five shillings per week.

“(4b.) There shall be payable to a widower who is entitled to a pension under sub-section (4.) of this section and has attained the age of sixty-five years additional pension at such rate (if any), not exceeding One pound five shillings per week, and for such period, as the Trust, in its absolute discretion, determines.”.

8.After section nineteen of the Principal Act the following section is inserted:—

Additional benefit to Prime Minister.

“19a.—(1.) Subject to this Act, a person who—

(a)has, whether before or after the commencement of this section, held the office of Prime Minister for a continuous period of not less than two years or for periods amounting in the aggregate to not less than three years;

(b)has, whether before or after the commencement of this section, ceased to be entitled to a parliamentary allowance; and

(c) has, whether before or after the commencement of this section, attained the age of forty-five years,

shall be paid a pension at the rate of One thousand two hundred pounds a year during his life-time.

“(2.) Where—

(a) a person who is entitled to a pension under the last preceding sub-section dies;

(b)a person who would be entitled to such a pension if he had attained the age of forty-five years dies; or

(c) a person who died before the commencement of this section would have been entitled to such a pension if he had not so died,

and that person is survived by a widow, the widow shall be paid a pension at the rate of Seven hundred and fifty pounds a year during her life-time but ceasing upon her re-marriage.

 

“(3.) A pension under this section—

(a) shall be paid out of the Fund; and

(b) is payable notwithstanding that the person to whom the pension is payable is entitled to some other pension or benefit under this Act.

“(4)In this section, ‘parliamentary allowance’ includes an allowance paid under the Parliamentary Allowances Act 1907.”.

Re-election.

9.Section twenty of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5.) This section does not apply in relation to a pension under section nineteen a of this Act.”.

Government employment or membership of State Parliament.

10.Section twenty-one of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5.) This section does not apply in relation to a pension under section nineteen a of this Act.”.

Repeal of certain Acts.

11.The Special Annuities Act 1939 and the Special Annuity Act 1945