Parliamentary Retiring Allowances Regulations (Cth)

Parliamentary Retiring Allowances Regulations

Statutory Rules 1949 No. 99 as amended

made under the

Parliamentary Contributory Superannuation Act 1948

This compilation was prepared on 21 July 2004

taking into account amendments up to SR 1975 No. 186

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Citation [see Note 1]

 These Regulations may be cited as the Parliamentary Retiring Allowances Regulations.

2Interpretation

 In these Regulations:

the Act means the Parliamentary Retiring Allowances Act 1948.

3Payment of retiring allowances and annuities

 (1)Retiring allowances and annuities shall be paid fortnightly on the Thursday of each fortnight on which pensions payable under the Superannuation Act 1922 are paid.

(2)

The amount of a retiring allowance or an annuity for a period of less than a fortnight shall bear the same proportion to the amount of a fortnight’s instalment as the number of days in that period bears to fourteen.

5Elections and options and their revocation

 (1)An election by a person under subsection (5) of section 18 of the Act shall be made not later than three months after the date on which the person becomes entitled to the retiring allowance referred to in that subsection.

(2)

An election under subsection 18 (5), 22Q (1), 22R (2) or (6), or 32 (1), or under paragraph 32 (4) (a) or (b), of the Act shall be made, an option under subsection 19 (2) or 22K (2) of the Act shall be exercised and a revocation under subsection 22R (10) or section 24C of the Act shall be made, by notice in writing signed by the person making the election, exercising the option or making the revocation, as the case may be, and:

• (a)

  delivered to a person authorized by the Trust to receive the notice; or

• (b)

  sent by post to the Trust, care of the Secretary to the Department of the Treasury, Canberra.

5AEvidence as to certain matters

 (1)Every member shall furnish evidence satisfactory to the Trust of:

• (a)

  the date of birth of the member;

• (b)

  the marital status of the member;

• (c)

  if the member is or becomes married — the marriage of the member and the date of birth of the spouse of the member; and

• (d)

  any change occurring in the marital status of the member.

(2)

Before authorizing payment of benefit under the Act to the widow or widower of a person, the Trust may, where it has not been provided during the lifetime of the person with evidence sufficient to establish the date of birth of the widow or widower and the marriage of the widow or widower to the person, require the widow or widower to furnish the Trust with that evidence.

6Evidence as to pensioners

 As and when required by the Trust:

• (a)

  a person to whom, or in respect of whom, retiring allowance or annuity payments are being made shall submit evidence satisfactory to the Trust that the person is alive; and

• (b)

  a person in receipt of a widow’s or widower’s annuity shall furnish evidence satisfactory to the Trust that the person has not remarried.

7Notice of meeting

 Notice of any meeting of the Trust shall be given personally or by post to all the trustees.

8Government employment of officer

A local governing body shall not be deemed to be an authority of a State for the purposes of section 21 of the Act.

Notes to the Parliamentary Retiring Allowances Regulations

Note 1

The Parliamentary Retiring Allowances Regulations (in force under the Parliamentary Contributory Superannuation Act 1948) as shown in this compilation comprise Statutory Rules 1949 No. 99 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1949 No. 99	1 Dec 1949	1 Dec 1949
1965 No. 59	20 May 1965	20 May 1965	—
1966 No. 106	7 July 1966	7 July 1966	—
1975 No. 186	23 Sept 1975	23 Sept 1975	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2.........................................	am. 1975 No. 186
R. 3.........................................	rs. 1975 No. 186
R. 4.........................................	rs. 1965 No. 59
rep. 1975 No. 186
R. 5.........................................	rs. 1965 No. 59
am. 1966 No. 106; 1975 No. 186
R. 5A.......................................	ad. 1965 No. 59
rs. 1975 No. 186
R. 6.........................................	am. 1975 No. 186
R. 8.........................................	ad. 1965 No. 59