Public Service (Superannuation) Act 1903 (NSW)

Act No. 8, 1903.

JPublic Service {Superannuation).

Act No. 8, 1903.

P n J L T C S E I iV IC K

( 8 U r E K A N N U A TIO N ).	An Act to provide that on the Superannuation Account hecoining’ exhausted, all anionnts payahle to and out of that account shall he paid to and out of the (kinsolidated Ilevennc Fund ; to ])ro\dde for the payinent of certain superannuation allowances ; and to otherwise amend the lhd)lie Service Act, 1902, and the Civil Service Act of 1884. [1 \)fh Odoher, 1903.]
“O E it enacted by the Kini^’s Most Excellent Majesty, by and nitb J A the adyiee and consent of the Legislative Council and Lci^islative Assembly of New South M^ales in Parliament assembled, and by the authority of the same, as follows :—
Sliort title.	1. This Act may b(' cited as the “ Public Service(Snpcrannnal ion) Act, 1903,” and shall be construed with the Civil Service Act of 1881 and the Public Service Act, 1902.
Provision for

deductions, 2. Notwithstanding anything in section seventy of tlic Public

allowances, and	Service Act, lt)02, when the Govi'rnor is advised that the Superannua­
refunds on
Superannuation	tion Account lias become exhausted, lie shall so certify, and on such
Account becoming	certificate being given—

exhausted.	(a)	all deductions under section fifty-three of the Civil Service Act of 1S81, as amended by th<' Act fifty-ninth A'ictoria number twenty-five, from the salaries of persons shall be paid into the Consolidated Eevenuc Pund ;
(b)	all superannuation allowances payable under the Civil Service Act of ISSi and the Public Servici' Act, 1902, to anyjiersons shall continue to be paid to such persons in accordance with the })rovisions of tlie said Acts, but shall be paid from the Consolidated Revenue Eund;
(c)	all persons being contributors to the Superannuation Account at or after the commencement of this Act and becoming entitled to superannuation allowances shall be paid and shall receive out of the Consolidated Revenue Eund allowances to be calculated ,nt the same rates and for the same periods as superannuation allowances payable and receivable li’om the said account before the commencement of this A ct;
(d)	every person who having been in the Civil Service liad a superannuation allowance cojiipiited or assigned at any time before the commencement of this Act consequent on his

acceptance

Act No. 8, 1903.

Public Seriiice [Superannuation).

acceptance of anotlier office under the Crown Avliicli lie now ]iol(ls, hut who is not reci'iviii" such allowance shall, upon retirement from such office, he paid from the Cousolidat<Ml Kevcnue Eund such allowance in ac'cordance witli tlie ])rovisions of the Civil Servic( ̂ Act of 188d, and the i ’uhlic Service Act, li)02;

(e) all amounts of refunds and interest theretofore payable out of the Superannuation Account, under section sixty-two of the Act lifty-ninth Victoria number twenty-live, or section seventy-three of the Euhlic Service Act, 1902, aiul all gratuities payahle out of such account under section lifty-oue of the Civil Service' Act of 1881, shall he paid out of the Consolidated I’evenue Eund :

Provided that the annual sum of three thousand live hundn'd ])Ounds, payahle out of the Consolidated Pevenue Eund, under section forty-three of the Constitution Act, 1902, shall he payahle each year in satisfaction of the claims of such officers as are or may become e]ititicd to h(' ])aid thereundc'r.

3. iSotwithstanding anything in section forty-four of the PublicTcmiioran’I'mp’oy-

Servicc Act, 1902, any ])crson temporarily employed uiuh'r thc’’“''‘‘'

provisions of the said section may h(' so employed after the termination

of the period mentioned in the said section for any further periods not

exceeding tAvelvc months each, if tlu' Board after investigation certify

before the commencement of each such ])criod that it would he in the

public int(>rest that such person should he so further employed,

4. On any person having become or becoming hercalter entitled Onmtin̂ ijrMiuifes

seven, or und('r subsection (a) of section seventy-one of the Public«>iiinbuic lo tiio

Service Act, li)02, to a n'fund on his retirement from his public*""^*'

employment, such })crson shall he deemed to have' h('en and shall ho

also entitled to a gratuity ]iot exceeding one month’s pay for c'ach year

of service from tin; dat(' of his pc'rmanent appointment, and a fortnight’s

pay in respect of each year of temporary service. Such gi'atuity to he

calculated on the average of his salary during the whole term of his

em])loyment, and to he payahle, in the case of a retirc'inent before the

commencement of the I ’uhlic Service Act, 1902, only in respect to

service prior to the commencement of the repealed Act fifty-ninth

under section one of tin' repealed Act sixtieth Victoria numher twenty- commencement of tin; Public Service Act, 1902, only in rcsjicct of service prior to such commencement.

5. If an otficer now in the Public Service who elected nnd('r rrovî ion for

section sixty-two of the repealed Act fifty-ninth Victoria I'lî nfi’er

twenty-five to discontinue contributing to the Superannuation Account reinstated on the

applies to the Colonial Treasurer within one month after

commencement

Act No. 8, 1903.

Puhlic Service {Superannuation).

commencement of this Act to l>e reinstated as a contributor to such account, and proves to 1lie satisfaction of a District Court Judge appointed hy the Governor in that l)ehalf—

(a)	that he so discontinued contributing in consequence of a statement made hy tin' Puhlic Service Board as to the period of service to ho counted in calculating retiring allowances that in cases whore an officer commenced to contribute to the Superannuatioii Account since the first day of January, one thousand eight hundred and eighty-five, his services would count from the date of such commencement; and
(b)	that in law his services prior to sucli date should he so counted; or
(c)	that lie so discontinued contributing in consequence of breaks in his service, such service afterwards having been made hy his department to count as continuous—

the Colonial Treasurer shall, hy writing under his hand, direct that such officer he so reinstated, and thereupon the said officer, on paying into the Treasury within three months after such direction of the Colonial Treasurer the amount of all vearly deductions from his salarv which would have accrued due from him if he had not discontinued contributing to the said account, shall have tlu' same rights and be entitled to the same privileges and benefits as if he had not discontinued so contributing.

Allowing 6. (1) Any person whost' salary at the commencement of this

contributors a right jg subjoct to a i l annual deduction under the Civil Service Act of

to tiiotumh*̂ " "*'"’̂ 1881, may, within twelvi' months thereafter, elect that such deductions shall no longer be made, and in that event such person on his voluntary resignation or his retirement from the Puhlic Service for any cause other than an offence, or if he dies while in the service, his personal representative on his death, shall he entitled to he paid from and out of the Consolidated Pevenue Pund a refund of the amount deducted from his salary as aforesaid and paid to the Su]ierannuation Account under the said Act, or to the Consolidated Pcvi'iiue Pund under this Act, up to the date of such elect ion, together with interest thereon at the rate of three pounds per centum from the said date.

Any person so electing as aforesaid shall be entitled on retire­ ment to the gratuity provided under section seventy-one of the Puhlic Service Act, 1902.

(2) Every person who, under the provisions aforesaid, elects as aforesaid shall thereupon cease to be entitled to any right in or benefit from the Consolidated Pevenue Ihmd in respect of any deductions made as aforesaid, except such refund, interest, and gratuity.

SerTiceinthe 7. Poi’ tlic purposG of computiiig tlic aiuount of Superannuation

PHnting'offico for 01' gratuity due to any peu'son now in tlu' Public Service, all

gratuity or pension, unbrokcii scrvicc hy that ])crson in the Government Printing Office

shall

Act No. 9, 1903. 17

Senators' Blectlons.

shall he deemed to he serviec 'within the meaning of the Civil Serviee Act of 188-1, the Puhlic Serviec Act, 1902, and any Act amending' the same. And vliere such person hecann' a contrihutor to the Superannuation Eund in terms ol‘ section lU'ty-sc'ven ol' the lirst- meiitioned Act, and continues to so contribute, he shall on retirement (except for an olTence) in res|)ect to the ’whole of his service prior to his commencing to so contrihute he subject to the provisions of section tifty-five ot that Act.