Police Association Employees (Superannuation) Amendment Act 1984 (NSW)

POLICE ASSOCIATION EMPLOYEES (SUPERANNUATION)

AM ENDM ENT ACT, 1984, No. 75

ANNO TRICESIMO TERTIO

ELIZABETHS H REGINS

Act No. 75, 1984.

An Act to amend the Police Association Employees (Superannuation) Act, 1969, consequent upon and in connection with the enactment of the Police Regulation (Superannuation) Amendment Act, 1984. [Assented to, 27th June, 1984.]

Act No. 75, 1984. 2

Police Association Employees (Superannuation) Amendment.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.          This Act may be cited as the "Police Association Employees

(Superannuation) Amendment Act, 1984”.

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2> Except as provided by subsection (1 ), this Act shall commence on the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act, 1984.

Amendment of Act No. 33, 1969.

3. The Police Association Employees (Superannuation) Act, 1969, is

amended in the manner set forth in Schedule 1.

3  Act No. 75, 1984.

Police Associadon Employees (Superannuation) Amendment.

SCHEDULE 1.

(Sec. 3.)

A.mendments to the Police Association E mployees

(Superannuation) Ac t , 1969.

(1) (a) Section 2 ( 1 ) , definition of "Board”—

After the definition of “Association”, insert:—

“Board” means the Police Superannuation Board constituted

by the Police Regulation (Superannuation) Act, 1906;

(b) Section 2 ( 1 ) , definition of “pay and salary”—

Omit the definition.

(c) Section 2 ( 1 ) , definition of “rules”—

Omit “Act.”, insert instead “Act;”.

(d) Section 2 ( 1 ) , definition of “salary of office”—

After the definition of “rules”, insert;—

“salary of office” has the meaning ascribed thereto in section 1 (2) of the Police Regulation (Superannuation) Act, 1906.

(2) (a) Section 3 (2) (a), (.5) (a) (i) —

Omit “pay and salai^” wherever occurring, insert instead “salary of office”.

(b)

Section 3 (2) (a) — required to be paid into the Fund under section .5a of that Act”.

(c) Section 3 (2) (c) —

Omit “and a refund of payments made into the Fund pursuant to paragraph (a )”.

Act No. 75, 1984. 4

Police Association Employees (Superannuation) Amendment.

SCHEDULE 1—condnued.

A mendments to the Police Association E mployees

(Superannuation) Ac t , 1969—continued.

(d) Section 3 (5 )—

After “superannuation allowance", insert “or gratuity".

(e) Section 3 (5) (a) (i) —

After “section 5”, insert	or deemed to have been deducted
under section 5a,”.

(f) Sections (5) (a )—

Omit “but without any addition by way of interest or dividends; and”, insert instead:—

but—

(iii)   except as provided by subparagraph (iv)—without any addition by way of interest; or

(iv)   where the total penod of service of the prescribed person as a member of the police force or an employee of the Association is 5 years or more and the pre­ scribed person is not dismissed from the employment of the Association—with the addition of interest on those sums at the rate of 4.5 per cent compounded on 30th June in each year of any such service and on the date of resignation or discharge from the employment of the Association; and

(g) Section 3 (5 a )—

After section 3 ( 5 ) , insert:—

(5 a ) For the purposes of subsection (5) (a) (iv)—

(a) interest shall not be paid in respect of any period before the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act, 1984, and any sum referred to in subsection (5) (a) that was deducted or paid before that day shall be deemed to have been deducted or paid on that day; and

5  Act No. 75, 1984.

Police Associadon Employees {Superannuadon) Amendment.

SCHEDULE \-^ondnued.

A mendments to the Police Association E mployees

(Superannuation) Ac t , 1969—condnued.

(b) interest on sums deducted or paid'at different times during the period in respect of which the interest is to be calculated shall, subject to subsection (5) (a) (iv), be calculated in a manner determined by the Board.

(h) Section 3 (6 )—^

After “repaid into the Fund. before”, insert	‘the expiration of
the period of 6 months immediately after”.

(i)     Section 3 (6 a) —

After section 3 ( 6 ) , insert:—

(6a) Where the prescribed person dies—

(a)	on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act, 1984; and
(b)	before the prescribed person’s employment by the Asso­ ciation ceases,

and there is no person to whom a superannuation allowance or gratuity is payable under this Act in respect of the death of the prescribed person, the prescribed person shall be deemed to have resigned from the employment of the Association immediately before the prescribed person’s death and the amount payable under subsection (5) shall be paid by the Board to the prescribed person’s personal representatives or, where the prescribed person has no personal representatives, to such persons as the Board may determine.

(j) Section 3 (8) (c) —

Omit “two legally qualified medical practitioners appointed under section 8 of", insert instead “2 members of the Police Medical Board established under”.

Act No. 75, 1984. 6

Police Association Employees {Superannuation) Amendment.

SCHEDULE 1—continued.

A mendments to the Police Association E mployees

(Superannuation) Act , 1969—continued.

(k) Section 3 ( l i e ) , (11d )—

After section 3 (1 1 b ), insert:—

(11c) The provisions of subsections (9 ) - ( 11b) apply to and

in respect of the widower of a prescribed person who dies on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act, 1984, in the same way as those provisions apply to and in respect of the widow of a prescribed person and, for that purpose, a reference—

(a)	in subsection (9) (d) or (10) (b) to a wife shall be read and construed as a reference to a husband; and
(b)	in subsection (1! b) (b) to section 11 a shall be read and construed as a reference to section 11C of the Police Regulation (Superannuation) Act, 1906.

( l l D) Notwithstanding subsection ( l i e ) —

(a)	an annual superannuation allowance under that subsec­ tion shall not be payable to a widower unless the widower satisfies and continues (except during any period he is married) to satisfy the dependency test prescribed for the purposes of section l i e (3) (c) of the Police Regulation (Superannuation) Act, 1906, and shall not become again payable after he ceases to satisfy that test;
(b)	only so much of an annual superannuation allowance under that subsection is, at any time or during any period, payable to a widower as results in the rate at which it is so payable not exceeding the maximum rate referred to in section l i e (5) of that Act applicable to him at that time or during that period; and

7  Act No. 75, 1984.

Police Association Employees (Sitperannneilion) Amendment.

SCHEDULE 1—continued.

A mendments to the Police Association E mployees

(Superannuation) Ac t , i969—continued.

(c) an annual superannuation allowance under that subsec­ tion is not payable to a widower unless the Board is furnished with such evidence or information, verified (if the Board so requires) by statutory declaration, as it requires for the purposes of establishing whether the allowance is payable and at what rate it is payable.