Parliamentary Superannuation Act Amendment Act 1955 (WA)

No. 46.] Parliamentary Superannuation. [1955.

PARLIAMENTARY SUPERANNUATION.

4° Elizabeth II., No. XLVI.

No. 46 of 1955.

AN ACT to amend the Parliamentary Super-

annuation Act, 1948-1954.

[Assented to 5th December, 1955.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation 1. (1) This Act may be cited as the Parliamen-

tary Superannuation Act Amendment Act, 1955.

(2) In this Act, the Parliamentary Superannua-

tion Act, 1948-1954,

Act No. 60 of 1948 as amended by Acts Nos. 32 of 1950, 43 of 1951, 52 of 1953 and 69 of 1954,

is referred to as the principal Act.

1955.] Parliamentary Superannuation. [No. 46. (3) The principal Act as amended by this Act may be cited as the Parliamentary Superannuation Act, 1948-1955.

2. Section ten of the principal Act is amended by adding after subsection (3) a subsection as follows:—

(4) (a) Where a person was, or became, a member on or after the coming into operation of this Act, he may

if he is a member at the coming into opera- tion of the Parliamentary Superannuation Act Amendment Act, 1955,

within three months after the coming into operation of the Parliamentary Superannuation Act Amendment Act, 1955, pay into the Fund an amount equivalent to the amount of con- tribution which he would have had to pay in respect of a period specified by him, had he been a member during that period, but the provisions of this paragraph apply only if the period speci- fied by him does not exceed the period between the first day of January of the year in which he was elected a member and the date of his election.

(b) Where a person becomes a member on or after the coming into operation of the Parlia- mentary Superannuation Act Amendment Act, 1955, he may within three months after the date of his election pay into the Fund an amount equivalent to the amount of contribution he would have to pay in respect of a period specified by him if he were a member during that period, but the provisions of this paragraph apply only if the period specified by him does not exceed the period between the first day of January of the year in which he was elected a member and the date of his election.

No. 46.] Parliamentary Superannuation. [1955.

(c) Upon loss of membership by a person who pays into the Fund an amount in accordance with the provisions of paragraph (a) or para- graph (b) of this subsection, the person is entitled to receive from the Fund such pension or other amounts as is payable to him under section eleven A of this Act as though the specified period referred to in those paragraphs were regarded as a portion of the period for which he had paid contributions.

S 11 (2a)

amended. 3. Subsection (2a) of section eleven of the prin-

cipal Act is amended

(a)	by adding after the subsection designation "(2a)" the paragraph designation "(a)";
(b)	by adding to the subsection a paragraph as f ollows:—

(b) The provisions of subsection (2) do not apply to a person who ceases to be a member on or after the coming into operation of the Parliamentary Superannuation Act Amendment Act, 1955.

S.11

amended. 4. Section eleven of the principal Act is

amended

(a) by adding after subsection (5a) subsections

as follow:—

(5b) Where a member dies leaving no dependant, the Trustees shall pay to the estate of the deceased member the amount of contributions paid by him to the Fund together with interest thereon at a rate determined by the Trustees.

(5c)

(a) A person who is, and prior to the coming into operation of the Parlia- mentary Superannuation Act Amend- ment Act, 1955, was, receiving a pension

1955.]	Parliamentary Superannuation. [No. 46.
in accordance with the provisions of this Act is entitled to receive from the Fund, in addition to the pension, a supplemen- tary payment at the rate of twenty-six pounds per annum.
(b) The amount necessary to make the supplementary payment to persons entitled thereto is payable to the Fund out of the Consolidated Revenue Fund and is to that extent permanently appro- priated. ;

(b) by substituting for the word "The" being the first word in subsection (6) the passage "Subject to the provisions of subsection (5b) of this section, the".

5. The principal Act is amended by adding after Lye&

section eleven a new section as follows:—

11A. (1) (a) Where a person ceases to be a Bpayable ter

member after the coming into operation of the commence-

Parliamentary Superannuation Act Amendment meraary

Act, 1955, the Trustees shall, subject to subset- itiopierAacirua- tion (2) of this section, pay to him from the Amendment

Fund, in addition to the benefit, if any, payable under subsection (1) of section eleven, such pension or other amount as is payable in accord- ance with the provisions of paragraph (b) of this subsection.

(b) If the person has paid contributions for a period which, together with any period during which deductions had been made from his allowance pursuant to the provisions of the repealed Act, is in the aggregate

(i) not less than thirteen years,

a pension at the rate of eleven pounds per week for ten years and thereafter at the rate of five pounds ten shillings per week for a further ten years is payable;

No. 46.] Parliamentary Superannuation. [1955.

(ii)    less than thirteen years but not less than eleven years,

a pension at the rate of nine pounds ten shillings per week for ten years and thereafter at the rate of four pounds fifteen shillings per week for a further ten years is payable;

(iii)    less than eleven years but not less than nine years,

a pension at the rate of seven pounds per week for ten years is payable;

(iv)    less than nine years but not less than seven years,

a pension at the rate of four pounds ten shillings per week for ten years is payable;

(v)    less than seven years,

the amount of his contributions made by him pursuant to the provisions of this Act together with interest thereon at a rate deter- mined by the Trustees is payable.

(2) (a) Where a person has after the coming into operation of the Parliamentary Super- annuation Act Amendment Act, 1955, qualified for but is not receiving a pension, he may, within thirty days after the date when he ceases to be a member or such further time as the Trustees may allow, apply in writing to the Trustees to pay to him in lieu of the pension, the amount of the contributions made by him to the Fund.

(b) Upon receipt of the application the Trus- tees shall pay to him in lieu of the pension the amount of the contributions together with interest thereon at a rate determined by the Trustees.

S. 12

repealed. 6. Section twelve of the principal Act is repealed.