Police Superannuation Acts Amendment Act 1975 (Qld)

524 ' link ueen$ctalt' ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 47 of 1975 An Act to amend the Police SuperannuationAct 1974 and the Police SuperannuationAct 1968-1974 each in certain particulars [ASSENTED TO 9TH OCTOBER , • 1975 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Police Superannuation Acts Amendment Act 1975. 2. Arrangement of Act . This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-2); PART 11-AMENDMENT OF THE POLICE SUPERANNUATION ACT1974 (ss. 3-12); PART III-AMENDMENT OF THE POLICE SUPERANNUATION ACT 1968-1974 (ss. 13-27).

Police Superannuation Acts Amendment Act 1975, No. 47 525 PART II-AMENDMENT OF THE POLICE SUPERANNUATION ACT 1974 3. Citation . (1) In this Part the PoliceSuperannuation Act1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Superannuation Act1974-1975. 4. Amendment of s. 24. Rates of contribution . Section' 24 of the Principal Act is amended by- (a) omitting subsection (4) and substituting the following subsection:- " (4) Where by reason that a member becomes a contributor (other than a continuing contributor) on or after the commencement of this Act and after he has attained the age of 20 years the length of the member's service, ascertained for the purpose of calculating the pension to be paid to him under this Act if he attains the age for retirement will not- (a)'in the case of the Commissioner of Police, amount to 45 years; or (b) in the case of any other member, amount to 40 years, the member may elect within the prescribed time to increase the rate of his contribution and the Board may determine that the additional rate over and above the contributions that, but for this subsection, would have been payable by the member shall be a sum calculated at such rate as the Board, after consultation with the Actuary, may determine being a rate that, having regard to the fact that payments by the Crown in relation to payments that become payable by reason of an election under this subsection will be only 65 per centum thereof, will enable the length of service for the purpose of calculating the pension to be paid to him under this Act to be regarded as the length of service ascertained in accordance with the Board's determination under subsection (6) but not exceeding- (c) in the case of the Commissioner of Police, a maximum of 45 years; or (d) in the case of any other member, a maximum of 40 years, and thereupon the member shall be deemed to be required to contribute to the Fund at the rate so determined in addition to the rate prescribed by this Act (other than this subsection)."; (b) inserting after subsection (5) the following subsection:- " (5A) Where the member to whom subsection (5) applies is the Commissioner of Police at the passing of the Police Superannuation Acts Amendment Act 1975 that subsection shall apply to him subject to the following modifications:- (a) the expression " 40 years " where it firstly occurs therein shall be read and construed as the expression " 45 years "; (b) the expression " a period of six months after the commencement of this Act " therein shall be read and construed as the expression " the prescribed time "; (c) the expression " 40 years " where it secondly occurs therein shall be read and construed as the expression " his actual length of service plus five years ".".

526 Police Superannuation Acts Amendment Act 1975. No. 47 5. Principal Act as amended applicable to old elections . In the case of a member who made an election under section 24 (4) of the Principal Act and who is a contributor at the commencement of this Act the additional contribution pursuant to the election shall be adjusted by the Board as if that section as amended by this Part were in force at the date of the election. 6. Amendment of s. 25. Further provisions re contributions . Section 25 of the Principal Act is amended by adding the following subsection:- (7) For the purposes of section 24 the prescribed time shall be- (a) in the case of an election by the contributor who is Commissioner of Police at the commencement of the Police Superannuation Acts Amendment Act 1975, the period of two months after the passing of that Act: (b) in the case of an election by any other member, the period of two months after the passing of the Police Superannuation Acts Amendment Act 1975 or the period of two months after he becomes a member, whichever period is the later to expire.". 7. Amendment of s. 27. Rights of contributors . Section 27 of the Principal Act is amended by- (a) in subsection (1), inserting after provision (b) the following words:- 11 or (c) being the Commissioner of Police , elects to retire at any time within the period of five years immediately preceding the day on which he would attain the age for retirement "; (b) omitting from subparagraph ( b) of subsection ( 6) the words " subparagraph ( i) of " and the words " the said subsection (4) had not been enacted and "; (c) inserting after subsection ( 6) the following subsection:- " (6A) Where a contributor to whom subsection ( 1) relates makes an election as is mentioned in paragraph ( c) of that subsection to retire before the day on which he would attain the age for retirement the pension to which he is entitled is a pension calculated- (a) in a case where the contributor ' s length of service is less than six years, in accordance with the formula- A P=^xN ( l-0.1t); and (b) in any other case, in accordance with the formula- A P=-x(N - 0.6t), 60 where- P represents the annual amount of the pension payable to the contributor; A represents the final average salary of the contributor; N represents the contributor's length of service (expressed in years) as at the time of his retirement; and

Police Superannuation Acts Amendment Act 1975, No. 47 527 t represents the remainder obtained by subtracting from 65 the contributor ' s age as at the time of his retirement ( expressed in years to the nearest month).". 8. Amendment of s. 28. Rights of continuing contributors . Section 28 of the Principal Act is amended by- (a) in subsection (1), inserting after provision (b) the following words :- I , • or (c) being the Commissioner of Police, elects to retire at any time within the period of five years immediately preceding the day on which he would attain the age for retirement "; (b) inserting after subsection (5) the following subsection:- " (5A) Where a contributor to whom subsection ( 1) relates makes an election as is mentioned in paragraph ( c) of that subsection to retire before the day on which he would attain the age for retirement the pension to which he is entitled, in addition to the benefits to which he may be entitled under the 1968 Act , is a pension calculated- (a) in a case where the contributor ' s length of service is less than six years, in accordance with the formula- A P = x N (l -0.1t); and 60 (b) in any other case , in accordance with the formula- A P = x (N - 0.6t), 60 where- P represents the annual amount of the pension to the contributor; payable A represents the final average increase in salary of the contributor; N represents the contributor's length of service ( expressed in years) as at the time of his retirement; and t represents the remainder obtained by subtracting from 65 the contributor ' s age as at the time of his retirement (expressed in years to the nearest month).". 9. Amendment of s. 30 . Child's pension : When payable . Section 30 of the Principal Act is amended by, in subsection (5), inserting after the words " pension under this Act " the words " or but for an election under section 45 would have been so entitled ". 10. Amendment of s. 45 . Right of contributor to convert his pension into a lump sum. Section 45 of the Principal Act is amended by (a) inserting after subsection (2) the following subsection:- " (2A) A contributor who after the commencement of this Act makes an election under section 24 (4) that has not been cancelled may not make an election under this section in relation

528 Police Superannuation Acts Amendment Act 1975, No. 47 to any part of his pension entitlement under this Act unless he has contributed in accordance with that subsection for not less than five years before such pension entitlement arises or would have been so contributing but for a commutation of contributions pursuant to section 44."; (b) omitting from subsection (8) provision (iii) of subparagraph (a) and substituting the following provision:- (iii) on his retiring or being retired from his employment as a member a sum equal to the sum of that. specified percentage of five-sevenths of the amount of his annual pension entitlement under this Act, if he had retired on attaining the age for retirement and the said subsection (4) of section 24 had not been enacted, and that specified percentage of sixty-five per centum of the pension attributable to that subsection that would have been payable, if he had retired on attaining the age for retirement, multiplied by such factor not exceeding twelve, or in the case of a female contributor, thirteen, as the Actuary may determine with the approval of the Board on the basis of his age at the time that he so retires or is retired,"; (c) omitting from subsection (8) provision (iii) of subparagraph (b) and substituting the following provision:- (iii) on retiring or being retired from his employment as a member a sum equal to the sum of five-sevenths of the annual pension entitlement to which he would have been entitled, if he had retired from his employment as a member on attaining the age for retirement and the said subsection (4) of section 24 had not been enacted, and sixty-five per centum of the pension attributable to that subsection that would have been payable, if he had retired on attaining the age for retirement, multiplied by such factor not exceeding twelve, or in the case of a female contributor, thirteen, as the Actuary may determine on the basis of his age at the time of his retirement and is approved by the Board,". U. Amendment of s. 49. Amount of contribution by the Crown. Section 49 of the Principal-Act is amended by- (a) omitting from subsection (1) the passage commencing with the words "and not including" to and including the words "of section 24 "; (b) inserting after subsection (1) the following subsection:- " (IA) Notwithstanding the provisions of subsection (1), the contribution payable by the "Treasurer under this section in respect of such part of any amount that would not have been payable but for section 24 (4) shall be 65 per centum of such part.". 12. Amendment of typographical error . Section 25 of the Principal Act is amended by omitting from subsection (5) the expression " s " following the word " retirement " where it last occurs and substituting the word " is ".

Police Superannuation Acts Amendment Act 1975, No. 47 529 PART III-AMENDMENT OF THE POLICE SUPERANNUATION ACT 1968-1974 13. Citation . (1) In this Part the PoliceSuperannuationAct1968-1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the PoliceSuperannuationAct1968-1975. 14. Amendment of s. 27. Power to Board to exempt , etc., from contributing . Section 27 of the Principal Act is amended by omitting subsection (7) and substituting the following subsection:- " (7) The units surrendered by a contributor under subsection (5) shall be- (a) in a case where the contributor is contributing under section 26 for units of benefit, those units if the contributor. nominates those units as the units to be surrendered; (b) in a case other than one referred to in provision (a) of this subsection, those units for which he last began to contribute.". 15. Amendment of s. 37. When entitlement to annuity benefit accrues. Section 37 of the Principal Act is amended by- (a) adding at the end of subsection (1) the words " or, in the case of a Commissioner of Police who makes an election as is mentioned in paragraph (iv) of subsection (2) to retire before the day on which he would attain the age for retirement, on his retirement "; (b) adding at the end of subsection (2) the following words:- ,, (iv) who, being the Commissioner of Police, elects to retire at any time within the period of five years immediately preceding the day on which he would attain the age for retirement ". 16. Amendment of s. 38. Units of annuity benefit . Section 38 of the Principal Act is amended by- (a) inserting after subsection (2) the following subsection:- " (3) Where a Commissioner of Police makes an election as is mentioned in paragraph (iv) of section 37 (2) to retire before the day on which he would attain the age for retirement, the unit of annuity benefit is at the rate per annum ascertained in accordance with the formula- R = 100 - 6t, where- R represents the annual rate expressed in dollars of each unit of benefit; and t represents the remainder obtained by subtracting from 65 the contributor's age as at the time of his retirement (expressed in years to the nearest month).";

530 Police Superannuation Acts Amendment Act 1975, No. 47 (b) in subsection (4) inserting in paragraph ( b), after the word " incapacity " the words " or an election as is mentioned in paragraph (iv) of section 37 (2) ". 17. Amendment of s. 41. When entitlement to assurance benefit accrues. Section 41 of the Principal Act is amended by, in subsection (2)- (a) inserting in paragraph (ii) after the words " age for retirement " the words " or after retiring before the day on which he would attain that age by reason of an election as is mentioned in paragraph (iv) of section 37 (2) "; (b) inserting in paragraph (ii) after the word " incapacity " the words " or an election as is mentioned in paragraph (iv) of section 37 (2) (c) inserting in paragraph (iia) after the words " age for retirement " the words " or after retiring before the day on which he would attain that age.by reason of an election as is mentioned in paragraph (iv) of section 37 (2) "; (d) adding at the end of subparagraph (B) of paragraph (iia) the words " or, if he retired by reason of an election as is mentioned in paragraph (iv) of section 37 (2), such retirement ". 18. Amendment of s. 42. Units of assurance benefit . Section 42 of the Principal'Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Subject to this section the unit of assurance benefit is at the rate of $62.50 per annum save where entitlement is derived from a person who retired before the day on which he would attain the age for retirement by reason of an election as is mentioned in paragraph (iv) of section. 37 (2) in which case the unit of assurance benefit is at the rate per annum ascertained in accordance with the formula- (100 - 6t)) R-AY 100 where- R represents the annual rate expressed in dollars of each unit of benefit; A represents the annual rate of each unit of benefit that would have been payable if the contributor in question had retired- on reaching the age for retirement; and t represents the remainder obtained by subtracting from 65 the contributor ' s age as at the time of his retirement (expressed in years to the nearest month)."; (b) in subsection ( IA), inserting after the words " entitled to receive benefit under this Act " the words " or, but for an election under section 47A, would have been so entitled "; (c) in subsection ( 2), inserting in paragraph ( b) after the words " that age " the words " or where he retired by reason of an election as is mentioned in paragraph ( iv) of section 37 (2),".

Police Superannuation Acts Amendment Act 1975, No. 47 531 19. Amendment of s. 44 . Amount of additional assurance benefit. Section 44 of the Principal Act is amended by- (a) in subsection (1 A), inserting after the words " or incapacity benefit under this Act" the words "or, but for an election under section 47A, would have been so entitled to receive annuity benefit "; (b) inserting after subsection (IA) the following subsection:- " (113) Notwithstanding the provisions of subsection (1), in respect of a child who derives his entitlement to additional assurance benefit through a person who retired before the day on which he would attain the age for retirement by reason of an election as is mentioned in paragraph (iv) of section 37 (2) the additional assurance benefit shall be ascertained in accordance with the formula- /(100 - 6t)`) P=Ax 100 where- P represents the annual amount of the benefit payable to the child; A represents the annual amount of the benefit that would have been payable to the child but for this subsection; t represents the remainder obtained by. subtracting from 65 the contributor's age as at the time of his retirement (expressed in years to the nearest month).". 20. Amendment of s. 45. Assurance benefit to unmarried contributors and widowers on attaining the age for retirement . Section 45 of the Principal Act is amended by inserting after subsection (1) the following subsection:- "(IA) Subsection (1) applies to a Commissioner of Police who makes an election as is mentioned in paragraph (iv) of section 37 (2) as if-, (a) the reference " on attaining the age for retirement " were a reference " on his retirement "; (b) the reference "when he attained that age" were a reference " at his retirement ". 21. Amendment of s. 46. Refunds of annuity benefit contributions. Section 46 of the Principal Act is amended by- (a) in subsection (1). inserting after the words " age for retirement," the words " otherwise than by reason of an election as is mentioned in paragraph (iv) of section 37 (2),"; (b) omitting from subsection (3) the expression " section 51 A" and substituting the expression " sections 51A and 51B "; (c) adding at the end of the section the following subsection:- " (4) Subsection (3) applies to a person who ceases to be a contributor by reason of an election as is mentioned in paragraph (iv) of section 37 (2) as if- (a) the reference " the age for retirement " were a reference to his age on his retirement pursuant to such election;

532 Police Superannuation Acts Amendment Act 1975, No. 47 (b) the reference " the rate of one hundred dollars " were a reference to the rate ascertained in accordance with the formula prescribed in section 38 (3) ". 22. Amendment of s. 46A . Refunds of incapacity benefit contributions. Section 46A of the Principal Act is amended by, in subsection (2), inserting after the word " incapacity " the words " or an election as is mentioned in paragraph (iv) of section 37 (2) ". 23. Amendment of s. 47. Refund of assurance benefit contributions. Section 47 of the Principal Act is amended by, in subsection (4), inserting after the word " incapacity " the words " or an election as is mentioned in paragraph (iv) of section 37 (2) ". 24. Amendment of s. 47A. Application to commute . Section 47A of the Principal Act is amended by- (a) in subsection (1), adding after subparagraph (b) the following word and subparagraph:- ft or (c) in the case of a Commissioner of Police who makes an election as , is mentioned in paragraph (iv) of section 37 (2) to retire before the day on which he would attain the age for retirement, on his retirement "; (b) in subsection (2), inserting after subparagraph (b) the following subparagraph:- (c) in the case of a-Ccmmissioner of Police who makes an election as is mentioned in, paragraph (iv) of section 37 (2) to retire before the day on which he would attain the age for retirement, before the expiration of a period of one month commencing on the date on which his retirement takes effect; "; (c) re-designating subparagraph (c) as subparagraph (d). 25. Amendment of s. 47B . Persons not entitled to commute . Section 47B of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1) and in that subsection adding after subparagraph (b) the following words and subparagraph:- 11 • or (c) being the Commissioner of Police, retires from his employment after he has attained the age of 60 years but before attaining the age of 65 years and who- (i) has elected to increase the amount of his contributions under section 26 and has been accepted by the Board as a contributor under that section; or (ii) has been permitted under section 48 to commute the contribution for any benefits under this Act other than a commutation by way of a single premium of the contribution

Police Superannuation Acts Amendment Act 1975, No. 47 533 for units of benefits under this Act effected under section 24 by reason of an increase in the salary of the contributor, after the expiration of the period of three months commencing on the date of commencement of the Police SuperannuationAct Amendment Act1970 and during the period of five years immediately preceding such retirement or, where such retirement takes effect within the period of five years and three months after the date of commencement of the PoliceSuperannuation Act Amendment Act1970, after the-expiration of the aforesaid period of three months and during such part of such period of five years as occurs after the expiration of a period of three months commencing on such date of commencement." (b) adding at the end of the section the following subsection:- "(2) Where a contributor prior to his retirement has duly surrendered all the units of benefits for which he is contributing under section 26 he shall, for the purposes of this section, be deemed not to have elected to increase the amount of his contributions under section 26." 26. Amendment of s. 47C. Ascertainment of lump sum payable. Section 47c is amended by inserting after subsection. (4) the following subsection:- " (4A) In the case of a Commissioner of Police who retires pursuant to an election as is mentioned in paragraph (iv) of section 37 (2), for the purpose of determining the lump sum that is payable under this Division each unit of annuity benefit in respect of which he makes an application under section 47A shall be taken to provide a benefit ascertained in accordance with the formula prescribed by section 38 (3).". 27. Amendment of s. 48. Right to prepay contributions . Section 48 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsections:- " (2) Where a contributor has commuted wholly or in part any contributions under this Act attributable to a period within the five years immediately preceding the age for retirement he is, upon his application therefor made to the Board prior to the date of his retirement, entitled to be paid from the Fund in respect of the contributions so commuted and attributable to such part of that period as commences on the date of his application or a date specified by him in his application (whichever is the later date) and expires at the termination of that period such sum of money as is determined by the Actuary and approved by the Board. (3) Where a contributor who elects to retire -at any time within the period of five years immediately preceding the day on which he would attain the age for retirement has commuted wholly or in part any contributions under this Act attributable to any period after the date of his retirement and has not been paid under subsection (2) a sum of money in respect of the whole of the contributions so commuted he is, in addition to any benefit entitlement under this Act, entitled to be paid from the Fund such

534 Police Superannuation Acts Amendment Act 1975, No. 47 sum of money in respect of such contributions as is determined by the Actuary and approved by the Board, due allowance being made for any sum of money that has been paid under subsection (2) in respect of such contributions.".