Police Superannuation Acts Amendment Act 1979 (Qld)

Case
No judgment structure available for this case.

Police Superannuation Acts Amendment Act 1979
588 Q11E>'1 1ultbr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 60 of 1979 An Act to amend the Police SuperannuationAct 1974-1978 and the Police SuperannuationAct 1968-1977 each in certain particulars [ASSENTED TO 18TH DECEMBER, 1979] 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 1979, 2. Commencement . This Act shall commence on I January 1980.
Police Superannuation Acts Amendment Act 1979, No. 60 589 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENT OF THE POLICE SUPERANNUATION ACT 1974-1978; PART III-AMENDMENT OF THE POLICE SUPERANNUATION ACT 1968-1977. PART 11-AMENDMENT OF THE POLICE SUPERANNUATION ACT 1974-1978 4. Citation . (1) In this Part, the PoliceSuperannuationAct1974-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Superannuation Act1974-1979. 5. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " two years " where twice occurring in the meaning of the term " final average increase in salary " and substituting in each case the word " year "; (ii) omitting the words " two years " occurring in the meaning of the term " final average salary " and substituting the word " year "; (iii) omitting the words " Works and Housing " occurring in the meaning of the term " Minister " and substituting the words " Mines, Energy and Police "; (b) in subsection (3), omitting the words " two years " and substituting the words " one year "; (c) in subsection (4)- (i) omitting the words " two years " where occurring the first time and substituting the words " a year "; (ii) omitting the words " two years " where occurring the second time and substituting the words " one year "; (d) in subsection (5)- (i) omitting the words " two years " where occurring the first time and substituting the words " a year "; (ii) omitting the words " two years " where occurring the second time and substituting the words " one year "; (e) in subsection (7), omitting the words " two years " and substituting the words " one year ". 6. Amendment of s. 18. Section 18 of the Principal Act is amended by, in subsection (6), omitting the words "six and one-`half " and substituting the word " seven ". 7. Amendment of s. 21. Section 21 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (3A) Where leave of absence to which subsection (3) refers other than sick leave of absence without pay is granted to a contributor for a period exceeding 14 consecutive days and such leave commences on or after the commencement of the Police
590 Police Superannuation Acts Amendment-Act 1979, No. 60 Superannuation Acts Amendment Act 1979, he shall, in addition to continuing to contribute to the Fund as provided by the said subsection (3), pay to the Fund in respect of the period of the leave of absence so granted an amount equal to such proportion of the payment that is required to be made by the Treasurer into the Fund under section 49 (1) as, in the opinion of the Actuary, relates to that contributor and the period of absence without pay granted to him: Provided that where such leave of absence is granted for a period of 13 weeks or more, the contributor to whom such leave of absence is granted may elect not to pay contributions to the Fund in respect of the period of leave of absence so granted and, where a contributor so elects, such contributions shall cease to be payable during such period and the Board shall waive the payment to the Fund required by this subsection to be made by such contributor; but in any such case the benefits under this Act to which such contributor or his dependants may become entitled shall be reduced by such amounts as are determined by the Actuary and approved by the Board: Provided further that the Governor in Council may waive the requirement to make payments to the Fund under this subsection either unconditionally or upon such terms and conditions as he determines in a particular case or with respect to a class of case.". 8. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) inserting after subsection (2) the following subsection:- " (2A) A contributor to whom leave of absence without pay other than sick leave of absence without pay is granted for a period exceeding 14 consecutive days, such leave commencing on or after the commencement of the Police Superannuation Acts Amendment Act 1979, shall- (a) prior to the commencement of such leave of absence, pay to the Fund- (i) the total amount of contributions that he is required to pay under this Act for the period of such leave of absence; and (ii) the total amount that he is required to pay pursuant to section 21 (3A); or (b) make arrangements satisfactory to the Board for payment during the period of such leave of the amounts referred to in subparagraphs (i) and (ii) of paragraph (a) by such instalments and at such intervals of time as the Board approves. Where a contributor to whom this subsection applies is granted leave of absence to which this subsection relates for a period of 13 weeks or more and such contributor does not make an election under section 21 (3A) and- (c) does not make as prescribed payment of the amounts referred to in subparagraphs (i) and (ii) of paragraph (a); or
Police Superannuation Acts Amendment Act 1979, No. 60 591 (d) does not make pursuant to paragraph (b) arrangements satisfactory to the Board for the payment of those amounts and pay those amounts, the Board may reduce the benefits to which he or his dependants may become entitled under this Act by such amounts as are determined by the Actuary and approved by the Board."; (b) in subsection (3)- (i) inserting after the word "-contributions " where it first occurs the words " and the payment of any amount required by section 21 (3A) to be paid by him "; (ii) inserting in each case after the word " contributions " where it occurs the second time and the third time the words " and other such amount "; (iii) inserting after the words " contributor shall contribute " the words " and otherwise make payment "; (c) in subsection (4), inserting after the word " contributions " where twice occurring the words " and other payments prescribed by section 21 (3A) and subsection (2A) of this section "; (d) in subsection (5), inserting after the word " contributions " the words " and other payments as aforesaid "; (e) in subsection (6), inserting after the word " contributions " the words " and other payments as aforesaid "; (f) in subsection (7), inserting after the word " contributions " where three times occurring the words " or other payments as aforesaid "; (g) in subsection (8) - (i) inserting after the expression " subsection (3) " where it first occurs the expression", section-21 (3A) "; (ii) inserting after the expression " subsection (3) " where it occurs the second time the words " and section 21 (3A) ". 9. Amendment of s. 26. Section 26 of the Principal Act is amended by- (a) omitting the word " and " where it occurs between paragraphs (b) and (c); (b) inserting after paragraph (c) the following paragraph: " (d) any reduction in benefits-determined by the Actuary and approved by the Board in respect of contributors to whom sections 21 (3A) and 23 (2A) apply shall be taken into account.". 10. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in subsection (1), omitting the words " being the Commissioner of Police,"; (b) in subsection (2)- (i) inserting after the words " to whom subsection (1) relates " the words " whose age for retirement is 60 years ";
592 Police Superannuation Acts Amendment Act 1979, No. 60 (ii) omitting the formula- P = 60 x B," and substituting the formula- " p K 3A 100 x 160 x B," (iii) inserting after the words " P represents the fortnightly amount of that pension; " the following words: " K represents 85 + 3 (age at retirement in years and complete months - 55); "; (iv) inserting after the words " age for retirement " where first occurring the words " or of his earlier retirement from service "; (c) in subsection (3), inserting after the words " age for retirement " where they occur the second time the words " or of his earlier retirement from service "; (d) omitting subsection (6A) and substituting the following subsection: " (6A) A member whose age for retirement is 60 years who- (a) becomes a contributor after the commencement of the Police Superannuation Acts Amendment Act 1979; (b) makes an election under section 24 (4A); and (c) elects to retire in accordance with subsection (1) (c) is entitled to a pension in respect of the additional service determined under section 24 (6), calculated in accordance with the formula- _ K N X 3 M- C P A ,100 x 160 x 60-C where- P represents the fortnightly amount of the pension payable to the contributor; A represents the final average salary of the contributor; K represents 85 + 3 (age at retirement in years and complete months - 55); N represents the additional length of service determined by the Board under section 24 (6); M represents the age (expressed in years and complete months) of the contributor at the date of his retirement; and C represents the age (expressed in years and complete months) of the contributor at the date he commences to be a contributor, in addition to the pension to which he would have been entitled if he had not made the election."; (e) inserting after subsection (6A) the following subsection:- " (6AA) A member whose age for retirement is 65 years who- (a) becomes a contributor after the commencement of the Police Superannuation Acts Amendment Act 1979; (b) makes an election under section 24 (4A); and
Police Superannuation Acts Amendment Act 1979, No. 60 593 (c) elects to retire in accordance with subsection (1) (c) is entitled to a pension in respect of the additional service determined under section 24 (6), calculated in accordance with the formula- _ N M-C P `d' {60 x 65 - C ' where- P represents the fortnightly amount of the pension payable to the contributor; A represents the final average salary of the contributor; N represents the additional length of service determined by the Board under section 24 (6); M represents the age (expressed in years and complete months) of the contributor at the date of his retirement; and C represents the age (expressed in years and complete months) of the contributor at the date he commences to be a contributor, in addition to the pension to which he would have been entitled if he had not made the election.". 11. Amendment of s. 28. Section 28 of the Principal Act is amended by- (a) in subsection (1), omitting the words " being the Commissioner of Police,"; (b) in subsection (2)- (i) inserting after the words " to whom subsection (1) relates " the words " whose age for retirement is 60 years "; (ii) omitting the formula- 3A x B," - 160 and substituting the formula- _ K 3A "P 100 x 160 (iii) inserting after the words " P represents the fortnightly amount of that pension; " the following words: " K represents 85 + 3 (age at retirement in years and complete months - 55);"; (iv) inserting after the words " age for retirement " where first occurring the words " or of his earlier retirement from service "; (c) in subsection (3), inserting after the words " age for retirement " where they occur the second time the words " or of his earlier retirement from service "; (d) omitting subsection (5A). 12. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words " his resignation " the words " prior to attaining the age of 55 years in the case of a contributor whose age for retirement is 60 years and prior to attaining the age of 60 years in the case of a contributor whose age for retirement is 65 years ";
594 Police Superannuation Acts Amendment Act 1979, No. 60 (ii) inserting after the words " Fund under this Act " the words " and any additional amounts paid by him under section 21 (3A) or section 58A (1) or (IA) or under section 30 (IA) of the 1968 Act"; (b) in subsection (2), inserting after the words " Fund under this Act" the words "and any additional amounts paid by him under section 21 (3A) or section 58A (1) or (IA) or under section 30 (IA) of the 1968 Act ". 13. Amendment of s. 42. Section 42 of the Principal Act is amended by omitting subsection (4). 14. Amendment of s. 44. Section 44 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting the expression " (1) " before the words " The Board may permit "; (b) inserting the following subsection:- " (2) 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 contribution under this Act attributable to any period after the date of his retirement, he is, in addition to any pension entitlement under this Act, entitled to be paid from the Fund such sum of money in respect of such contribution as is determined by the Act: ary and approved by the Board.". 15. Amendment of s. 45. Section 45 of the Principal Act is amended by- (a) omitting paragraph (a) of subsection (3) and substituting the following paragraph:- (a) shall- (i) where the contributor retires after an election under section 27 (1) (c) or 28 (1) (c), be made before the expiration of a period of one month after his retirement; and (ii) where the contributor retires on or after attaining the age for retirement, be made before the expiration of a period of one month after he attains the age for retirement;"; (b) in subsection (5)- (i) omitting the words " 313.1 times, or in the case of a female contributor 339.2 times,"; (ii) inserting after the words " under this Act " where first occurring the words " multiplied, in the case of a male contributor, by the factor set forth in the second column of Part I of Schedule II opposite the age in years and complete months as at the date of retirement set forth in the first column of that Part of that Schedule or, in the case of a female contributor, by the factor set forth in the second column of Part II of Schedule II opposite the age in years and complete months as at the date of retirement set forth in the first column of that Part of that Schedule "; (iii) omitting the expression " 261 times ";
Police Superannuation Acts Amendment Act 1979, No. 60 595 (iv) inserting after the words " under this Act " where they occur the second time the words " multiplied by the factor set forth in the second column of Schedule III opposite the age In years and complete months as at the date of retirement set forth in the first column of that Schedule "; (c) in subsection (6)- (i) omitting the words " 313.1 times, or in the case of a female contributor 339.2 times,"; (ii) inserting after the words " under this Act " where first occurring the words " multiplied, in the case of a male contributor, by the factor set forth in the second column of Part I of Schedule II opposite the age in years -and complete months as at the date of retirement set forth in the first column of that Part of that Schedule or, in the case of a female contributor, by the factor set forth in the second column of Part II of Schedule II opposite the age in years and complete months as at the date of retirement set forth in the first column of that Part of that Schedule "; (iii) omitting the expression " 261 times "; (iv) inserting after the words " under this Act " where they occur the second time the words " multiplied by the factor set forth in the second column of Schedule III opposite the age in years and complete months as at the date of retirement set forth in the first column of that Schedule ". 16. Amendment of s. 49. Section 49 of the Principal Act is amended by inserting after subsection (1s) the following subsection:- (1c) Where a contributor is required under section 21 (3A) of this Act or under section 30 (lA) of the 1968 Act to make a payment to the Fund, the amount payable by the Treasurer into the Fund pursuant to subsection (1) shall be diminished by the amount so payable by the contributor.". 17. Amendment of s. 50 . Section . 50 of the Principal Act is amended by omitting the words "Audit Act 1874-1968 " and substituting the words " Financial Admi,, istration and Audit Act 1977-1978 ". 18. Amendment of s. 58A. Section 58A of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- " (1A) A person who has entered into training for appointment as a member on or after 1 July 1975 and who, in the period of one month prior to entering into such training, has resigned as an officer within the meaning of the State Service SuperannuationAct1972-1978 may, within three months after the commencement of the Police Superannuation Acts Amendment Act 1979 or the date on which he becomes a member, whichever is the later, elect to pay to the Fund the amount of the refund received by him from the State Service Superannuation Fund upon his ceasing to be a contributor to that Fund less the amount, if any, received by him in respect of contributions paid by him for reserve units.";
596 Police Superannuation Acts Amendment Act 1979, No. 60 (b) in subsection (2)- (i) inserting after the words " to whom subsection (1) " the expression " or (1A) f9; (ii) omitting the words " that subsection " and substituting the words " the subsection in question "; (c) in subsection (3), omitting the words " subsections (1) and (2) " and substituting the words " subsection (1) or (1A) and in subsection (2) ". 19. Amendment of s. 62. Section 62 of the Principal Act is amended by- (a) in subsection (1), omitting the words " , with the approval of the Minister,"; (b) in subsection (2), omitting the words " and as the Minister may approve ". 20. New Schedules II and III . The Principal Act is amended by inserting after the existing Schedule the following Schedules:- " SCHEDULE II [s. 45] PART I-COMMUTATION FACTORS FOR MALES First Column Second Column Age in Years and Complete Months at Date of Retirement Years Months Commutation Factor 55 365.3 55 364.4 55 3635 55 362.7 55 361.8 55 360.9 55 3600 55 3592 55 3583 55 357°4 55 356.6 55 355.7 56 354.8 56 354.0 56 3531 56 352°2 56 351.3 56 3505 56 349.6
Police Superannuation Acts Amendment Act 1979, No. 60 597 SCHEDULE II--continued PART I-COMMUTATION FACTORS FOR MALES-continued First Column Second Column Age in Years and Complete Months at Date of Retirement Years Months Commutation Factor 348.7 347.9 347.0 346.1 345.3 344.4 343.5 342.6 341.8 340.9 340.0 339.2 338.3 337.4 336.6 335.7 334.8 334.0 333.1 332.2 331.3 330.5 329.6 328.7 327.9 327.0 326.1 325.3 324.4 323.5 322.6 321.8 320.9 320.0 319.2 318.3 317.4 316.6 315.7 314.8 313.9 313.1
598 Police Superannuation Acts Amendment Act 1979, No. 60 SCHEDULE II - continued [s. 45] PART II-COMMUTATION FACTORS FOR FEMALES First Column Age in Years and Complete Months at Date of Retirement Years Months Second Column Commutation Factor 391.4 390°5 389°6 388.7 387.9 387.0 386°1 385.3 384.4 383°5 382.7 381°8 380.9 380.0 379.2 378.3 377.4 376.6 375.7 374.8 374.0 373°1 3722 371-3 370°5 369.6 368.7 367.9 367°0 366.1 365°3 364.4 363.5 362°7 361.8 360°9 360.0 359.2 358°3 357.4 356°6 355.7 354.8 354.0 353.1
Police Superannuation Acts Amendment Act 1979, No. 60 599 SCHEDULE II=continued PART 11-COMMUTATION FACTORS FOR FEMALES-continued First Column Second Column Age in Years and Complete Months at Date of Retirement Years Months Commutation Factor 58 352.2 58 351.3 58 350.5 59 349.6 59 348.7 59 347.9 59 347.0 59 346.1 59 345.3 59 344.4 59 343.5 59 342.6 59 341.8 59 340.9 59 3400 60 339.2 SCHEDULE III COMMUTATION FACTORS [s. 45] First Column Second Column Age in Years and Complete Months at Date of Retirement Years Months Commutation Factor 60 313 60 312 60 311 60 310 60 310 60 309 60 308 60 307 60 306 60 305 60 304 60 304 61 303 61 302 61 301 61 300
600 Police Superannuation Acts Amendment Act 1979, No. 60 SCHEDULE III-continued COMMUTATION FACTORS-continued First Column I Second Column Age in Years and Complete Months at Date of Retirement Years Months Commutation Factor 299 298 297 297 296 295 294 293 292 291 290 290 289 288 287 286 285 284 284 283 282 281 280 279 278 277 277 276 275 274 273 272 271 270 270 269 268 267 266 265 264 264 263 262 261
Police Superannuation Acts Amendment Act 1979, No. 60 601 PART III-AmENDma4T of TFiE POLICE SUPERANNUATION Acr 1968-1977 21. Citation . (1) In this Part, the PoliceSuperannuationAct1968-1977 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Superannuation Act1968-1979. 22. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in subsection (1)- (a) omitting the words ", the Commissioner's Inspector " occurring in the meaning of the term " member of the Police Force "; (b) omitting the words " Premier and Minister for State Development " occurring in the meaning of the term " Minister " and substituting the words " s Minister for Mines, Energy and Police ". 23. Amendment of s. 22. Section 22 of the Principal Act is amended by- (a) in subsection (7), inserting after the word " contributions " the words " and any additional payment prescribed by section 30 (1A) "; (b) in subsection ( 8), inserting after the word " contributions " the words " or any additional payment "; (c) in subsection (9), inserting after the word " contributions " the words " and additional payment prescribed as aforesaid "; (d) in subsection (10)-- (i) inserting after the word " contributions " where it occurs the first time the words " and any additional payment as aforesaid "; (ii) inserting after the word " contributions " where it occurs the second time the words " and the amount of any such additional payment "; (iii) inserting after the word " accumulated " the words " , in respect only of contributions so payable and not of any additional payment as aforesaid,"; (iv) inserting after the word " contributions " where it occurs the third time the words " and of any additional payment as aforesaid ". 24. Amendment of s. 30 . Section 30 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words " age for retirement " the words " or his or her earlier retirement from service "; (ii) inserting after the word " contribution " the words " and other payments as required by this section "; (b) inserting after subsection (1) the following subsection:- " (IA) Where leave of absence to which subsection (1) refers other than sick leave of absence without pay is granted to a contributor for a period exceeding 14 consecutive days and such leave commences on or after the commencement of the Police Superannuation Acts Amendment Act 1979, he or she shall, in addition to continuing to contribute to the Fund as provided by the said subsection (1), pay to the Fund in respect of the period of the leave of absence so granted an amount equal to such proportion of the payment that is required to be made by the Treasurer into the Fund under section 36 (1) as, in the opinion of the Actuary, relates to that contributor and the period of absence without pay granted to him or her: 20-45085
602 Police Superannuation Acts Amendment Act 1979, No. 60 Provided that where such leave of absence is granted for a period of 13 weeks or more, the contributor to whom such leave of absence is granted may elect not to pay contributions to the Fund in respect of the period of leave of absence so granted and, where a contributor so elects, such contributions shall cease to be payable during such period and the Board shall waive the payment to the Fund required by this subsection to be made by such contributor; but in any such case the benefits under this Act to which such contributor or the contributor's dependants may become entitled shall be reduced by such amounts as are determined by the Actuary and approved by the Board: Provided further that the Governor in Council may waive the requirement to make payments to the Fund under this subsection either unconditionally or upon such terms and conditions as he determines in a particular case or with respect to a class of case."; (c) in subsection (2)- (i) omitting the words " on leave of absence of any kind or "; (ii) omitting the words " absence or "; (d) inserting after subsection (2) the following subsection:- " (3) A contributor to whom leave of absence without pay other than sick leave of absence without pay is granted for a period exceeding 14 consecutive days, such leave commencing on or after the commencement of the Police Superannuation Acts Amendment Act 1979, shall- (a) prior to the commencement of such leave of absence, pay to the Fund- (i) the total amount of contributions that he or she is required to pay under this Act for the period of such leave of absence; and (ii) the total amount that he or she is required to pay pursuant to subsection (IA); or (b) make arrangements satisfactory to the Board for payment during the period of such leave of the amounts referred to in subparagraphs (i) and (ii) of paragraph (a) by such instalments and at such intervals of time as the Board approves. Where a contributor to whom this subsection applies is granted leave of absence to which this subsection relates for a period of 13 weeks or more and such contributor does not make an election under subsection (IA) and- (c) does not make as prescribed payment of the amounts referred to in subparagraphs (i) and (ii) of paragraph (a); or (d) does not make pursuant to paragraph (b) arrangements satisfactory to the Board for the payment of those amounts and pay those amounts, the Board may reduce the benefits to which the contributor or the contributor's dependants may become entitled under this Act by such amounts as are determined by the Actuary and approved by the Board.".
Police Superannuation Acts Amendment Act 1979, No. 60 603 25. Amendment of s. 35A. Section 35A of the Principal Act is, amended by- (a) in subsection (1), inserting after the words " age for retirement " where they occur the second time the words " or retires from service by reason of an election referred to in section 37 (2) (iv) "; (b) in subsection (2), inserting after the words " age for retirement " where they occur the second time the words ".or retires from service by reason of an election referred to in section 37 (2) (iv), as the case may be "; (c) in subsection (4), inserting after the words " age for retirement " the words " or retirement from service by reason of an election referred to in section 37 (2) (iv) ". 26. Amendment of s. 37. Section 37 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " Commissioner of Police " and substituting the word " contributor "; (ii) inserting after the words " day on which he " the words " or she ' (iii) inserting after the words " on his " the words " or her "; (b) in subsection (2)- (i) omitting the words ", being the Commissioner of Police," occurring in subparagraph (iv); (ii) inserting after the words " on which he " occurring in subparagraph (iv) the words " or she ". _ by27. Amendment of s. 38. Section 38 of the Principal Act is amended - (a) in subsection (3)- (i) omitting the words " Commissioner of Police " and substituting the words " contributor whose age for retirement is 60 years "; (ii) omitting the formula- " R = 3-84 (1 - 0-06 t), " and substituting the formula- "R = 1.- (1 - 40! 3-84," (iii) inserting after the words " R represents the fortnightly rate expressed in dollars to the nearest cent of each unit of benefit; " the following words :- K K represents 85 + 3 (age at retirement in years and complete months - 55);"; (iv) omitting, in that part of the subsection commencing with the words " t represents the remainder ", the expression " 65 " and substituting the expression " 60 "; (b) inserting after subsection (3) the following subsection:- " (3A) Where a Commissioner of Police makes an election as is mentioned in paragraph (iv) of section 37 (2) to retire before the
604 Police Superannuation Acts Amendment Act 1979, No. 60 day on which he would attain the age for retirement, the unit of annuity benefit is at the rate per fortnight ascertained in accordance with the formula- R = 3.84 (1 _ t 9 45 where- R represents the fortnightly rate expressed in dollars to the nearest cent of each unit of benefit; t represents the remainder obtained by subtracting from 65 the contributor's age as at the time of his retirement (expressed in years and complete months).". 28. Amendment of s. 42. Section 42 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Save as is otherwise provided in this section, the unit of assurance benefit is at the rate of $2.56 per fortnight."; (b) inserting after subsection (1A) the following subsections:- " (1B) Where entitlement to assurance benefit is derived from a person whose age for retirement was 60 years and who retired before the day on which he would attain the age for retirement by reason of an election referred to in section 37 (2) (iv), the unit of assurance benefit is at the rate per fortnight ascertained in accordance with the formula- R 100 \ 1 - 40 l 2 56, where- R represents the fortnightly rate expressed in dollars to the nearest cent of each unit of benefit; K represents 85 + 3 (age at retirement in years and complete months - 55); t represents the remainder obtained by subtracting from 60 the contributor's age (expressed in years and complete months) as at the date of his retirement. (ic) Where entitlement to assurance benefit is derived from a person whose age for retirement was 65 years and who retired before the day on which he would attain the age for retirement by reason of an election referred to in section 37 (2) (iv), the unit of assurance benefit is at the rate per fortnight ascertained in accordance with the formula- R = 2.56 1 t ( 45 ' where- R represents the fortnightly rate expressed in dollars to the nearest cent of each unit of benefit; t represents the remainder obtained by subtracting from 65 the contributor's age (expressed in years and complete months) as at the date of his retirement.".
Police Superannuation Acts Amendment Act 1979, No. 60 605 29. Amendment of s. 45 . Section 45 of the Principal Act is amended by, in subsection (IA)-- (a) omitting the words " Commissioner of Police " and substituting the word " contributor "; (b) inserting after paragraph (b) the following paragraph:- ii'. (c) the references " seventy-six dollars " and " one hundred and five dollars twenty cents " were references to " a sum calculated by the Actuary and approved by the Board ".". 30. Amendment of s. 46 . Section 46 of the Principal Act is amended by, in subsection (4), inserting after the words " prescribed in section 38 (3) " the words " or section 38 (3A), as the case requires ". 31. Amendment of s. 47A. Section 47A of the Principal Act is amended by- (a) in subsection (1) (c)- (i) omitting the words " Commissioner of Police " and substituting the word " contributor "; (ii) inserting after the words " day on which he " the words " or she"; (iii) inserting after the words " on his " the words " or her "; (b) in subsection (2) (c)- (i) omitting the words " Commissioner of Police-" and substituting the word " contributor "; (ii) inserting after the words " day on which he " the words " or she "; (iii) inserting after the words " on which his " the words " or her ". 32. Amendment of s. 47C. Section 47c of the Principal Act is amended by, in subsection (4A)- (a) omitting the words " Commissioner of Police " and substituting the word'" contributor "; (b) inserting after the words " prescribed by section 38 (3) " the words " or (3A), as the case requires ". 33. Amendment of s. 51A. Section 51A of the Principal Act is amended by, in subsection (5), omitting the words " six and one-half " and substituting the word " seven ". 34. Amendment of s. 53. Section 53 of the Principal Act is amended by omitting subsection (7).
606 Police Superannuation Acts Amendment Act 1979, No. 60 35. Amendment of s. 65A. Section 65A of the Principal Act is amended by, in subsection (4), omitting the words " six and one-half " and substituting the word " seven ". 36. Amendment of s. 80 . Section 80 of the Principal Act is amended by omitting the words " Audit Act 1874-1968 " and substituting the words " Financial Administration and Audit Act1977
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0