Public Service Superannuation Act 1958 (Qld)

Queensland PUBLIC SERVICE SUPERANNUATION ACT 1958 Reprinted as in force on 22 December 1995 (includes amendments up to Act No. 58 of 1995) Warning—See last endnote for uncommenced amendments Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 22 December 1995. The reprint— • shows the law as amended by all amendments that commenced on or before that day • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • update references (pt 4, div 3) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use gender neutral office names (s 25) • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use conjunctives and disjunctives consistent with current drafting practice (s 28) • use expressions consistent with current drafting practice (s 29) • reorder definitions and other provisions consistent with current drafting practice (ss 30 and 30A) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (ss 37 and 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44)). Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in the reprint, including— • table of changed names and titles • table of changed citations and remade laws • table of obsolete and redundant provisions • table of corrected minor errors • table of renumbered provisions.

Queensland PUBLIC SERVICE SUPERANNUATION ACT 1958 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 2—ADMINISTRATION 19 Triennial investigation by an actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 3—CONTRIBUTIONS Division 1—Contributions by officers 20 Commencement of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2—Scale of units 21 Salary for the purposes of this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Scale of units of annuity, incapacity, and, in the case of male officers, assurance benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22A When officer may voluntarily increase contribution . . . . . . . . . . . . . . . . . . . 19 23 Power to board to exempt etc. from contributing . . . . . . . . . . . . . . . . . . . . . 21 24 Officer reduced in salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 25 Units of benefits to be contributed for in equal numbers . . . . . . . . . . . . . . . 23 26 Period for which contributions are to continue . . . . . . . . . . . . . . . . . . . . . . . 24 26A Refund of excess contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 3—Scale of contributions by officers 27 Contributions according to scale graduated by age at commencement . . . 26 Division 3A—Reserve units of benefits 27A Contribution for reserve units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 27B When reserve units become ordinary units of benefits . . . . . . . . . . . . . . . . . 29

2 Public Service Superannuation Act 1958 27C Contributor may discontinue contribution for reserve units . . . . . . . . . . . . . 30 27D Benefits payable on reserve units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 27E Payment of lump sum on ceasing to contribute . . . . . . . . . . . . . . . . . . . . . . 31 Division 4—Payments by the Crown 28 Amount of contribution by the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 4—BENEFITS AND PAYMENTS Division 1—Annuity benefit 29 When entitlement to annuity benefit accrues . . . . . . . . . . . . . . . . . . . . . . . . 34 30 Units of annuity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 2—Incapacity benefit 31 When entitlement to incapacity benefit accrues . . . . . . . . . . . . . . . . . . . . . 35 32 Units of incapacity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 32A Application to commute incapacity benefit . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 3—Assurance benefit 33 Entitlement to assurance benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 34 Units of assurance benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 34A Extent of assurance benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 34B Widow’s right to substitute pension for assurance benefit . . . . . . . . . . . . . . 41 34C Entitlement of widow of person on staff of agent-general . . . . . . . . . . . . . . 44 Division 4—Additional assurance benefit for children 35 Children entitled to additional assurance benefit . . . . . . . . . . . . . . . . . . . . . 45 36 Amount of additional assurance benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 5—Surrender values and refunds of contributions for annuity and assurance benefits 37 Endowment payment in lieu of units of assurance benefit . . . . . . . . . . . . . . 48 38 Refunds of annuity benefit contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 38A Refunds of incapacity benefit contributions . . . . . . . . . . . . . . . . . . . . . . . . . 50 39 Refund of assurance benefit contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 5A—Commutation of annuity benefit 39A Application to commute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 39B Persons not entitled to commute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 39C Ascertainment of lump sum payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 6—General provisions respecting benefits

3 Public Service Superannuation Act 1958 40 Right to prepay contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 41 Benefits payable for life except in case of children . . . . . . . . . . . . . . . . . . . 57 42 Payment to person other than the beneficiary . . . . . . . . . . . . . . . . . . . . . . . . 57 43 Commencement of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 43A Increases in rates of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 43B Adjustment of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 43C Adjustment of pension where entitlement follows a former entitlement . . . 62 43CA Further adjustment of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 43D Variation of entitlement to adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 43E Entitlement to receive incapacity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 43F Enlargement of benefits to level of benefits under 1972 Act . . . . . . . . . . . . 64 44 Proof of continued incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 45 Incapacity beneficiary restored to health may be recalled to service . . . . . 65 46 Contribution by retired incapacity beneficiaries upon re-employment . . . . 67 47 Postponement of payment of refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 7—Elections to surrender potential widows’ entitlements of pre-1984 members and married widows’ entitlements 48 Definitions in div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 48A Election to surrender potential widow’s entitlement . . . . . . . . . . . . . . . . . . . 70 48B Election to surrender married widow’s entitlement . . . . . . . . . . . . . . . . . . . . 70 48C Making of election to surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 48D Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 48E Application of Acts Interpretation Act 1954, s 20A, to division . . . . . . . . . 72 48F Expiry of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 PART 5—TRANSITIONAL PROVISIONS Division 1—Interpretation 49 Conversion value of units of annuity benefit and incapacity allowance under the repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 50 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 2—Contributions for annuity benefit by officers 51 Officer to make equivalent contribution for annuity benefits . . . . . . . . . . . . 73 52 Surrender of excess units of annuity benefit . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 3—Contributions for incapacity benefit by officers

4 Public Service Superannuation Act 1958 53 Officer to make equivalent contribution for incapacity benefit . . . . . . . . . . 75 Division 4—Contributions for assurance benefit by officers 54 Election with respect to contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Division 5—Amounts respectively of annuity benefits and incapacity benefits 55 Annuity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 56 Incapacity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 6—Other benefits under the repealed Act 57 Contribution for assurance benefit under the repealed Act . . . . . . . . . . . . . 80 58 Payment of assurance benefit under the repealed Act . . . . . . . . . . . . . . . . . 81 Division 7—Persons other than officers 59 Not entitled to contribute for benefits under this Act . . . . . . . . . . . . . . . . . . 81 Division 8—Persons in receipt of benefits under the repealed Act 60 Annuity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 61 Incapacity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 62 Incapacity beneficiaries when deemed on leave . . . . . . . . . . . . . . . . . . . . . 84 63 Incapacity beneficiaries re-employed as officers . . . . . . . . . . . . . . . . . . . . . 84 Division 9—Incapacitated officers and other persons 64 Incapacity allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 65 Annuity and assurance benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 66 Resumption of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 10—Medical certificates 67 When evidence of good health required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 11—Conversion of benefits 68 Election to convert annuity benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 12—Payments by the Crown 69 When Crown to make payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 13—Gratuities for meritorious services 70 Gratuities for meritorious services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 14—Commutation of benefits 71 Benefits which may be commuted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 72 Conversion of assurance benefit payable at death . . . . . . . . . . . . . . . . . . . . 90 73 Limit of commutation or variation of benefits . . . . . . . . . . . . . . . . . . . . . . . . 90

5 Public Service Superannuation Act 1958 PART 5A—VOLUNTARY CONTRIBUTION FOR ANNUITY BENEFIT 73A Application of this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 73B Voluntary contribution for annuity benefit or further annuity benefit . . . . . 91 73C Annuity to widow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 73D When limited contributor may become full contributor . . . . . . . . . . . . . . . . 93 PART 6—MISCELLANEOUS 74 Assignment of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 74A Recovery of overpayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 75A When temporary employee and others may elect . . . . . . . . . . . . . . . . . . . . . 94 76 When officer may continue to contribute after resignation . . . . . . . . . . . . . 95 77 When fund charged with defalcations by contributors . . . . . . . . . . . . . . . . . 96 77A Entitlement to superannuation benefits on voluntary resignation at or after age 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 77B Benefits upon retirement before age 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 77C Benefits upon retrenchment, involuntary termination etc. . . . . . . . . . . . . . . 102 77D Recoupment of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 78 Acceptance of election outside prescribed period . . . . . . . . . . . . . . . . . . . . 103 79 Question as to incapacity etc. determined by board on medical practitioner’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 79A Requirements as respects medical examinations . . . . . . . . . . . . . . . . . . . . . 104 80 Settlement of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 82 Barring of claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 83 Fund to be exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 84 Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 85 Governor in Council may authorise additional payment to beneficiaries . . 106 85A Information to contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 86 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 87 Board may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 109 SCALE OF UNITS OF BENEFITS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 112 PART 1—MALE CONTRIBUTORS

6 Public Service Superannuation Act 1958 Division 1—Rates of contribution to be paid fortnightly for units of benefit effected at ages not over 601/2 years Division 2—Rates of contribution to be paid fortnightly for units of benefit effected at ages over 601/2 years PART 2—FEMALE CONTRIBUTORS Division 1—Rates of contribution to be paid fortnightly for benefits effected at ages not over 601/2 years Division 2—Rates of contribution to be paid fortnightly for benefits effected at ages over 601/2 years SCHEDULE 2A . . . . . . . . . . . . . . . . . . . . . . 120 PART 1—RATES OF CONTRIBUTION TO BE PAID FORTNIGHTLY FOR UNITS OF BENEFIT EFFECTED AT AGES NOT OVER 601/2 YEARS PART 2—RATES OF CONTRIBUTION TO BE PAID FORTNIGHTLY FOR UNITS OF BENEFIT EFFECTED AT AGES OVER 601/2 YEARS SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 125 VALUE PER UNIT OF ASSURANCE IN RESPECT OF CONTRIBUTORS WHO DIE BEFORE AGE 60 SCHEDULE 4A . . . . . . . . . . . . . . . . . . . . . . 126 VALUE PER UNIT OF ASSURANCE IN RESPECT OF CONTRIBUTORS WHO DIE AT AGE OF 60 OR BETWEEN 60 AND 65 SCHEDULE 4B . . . . . . . . . . . . . . . . . . . . . . 129 FACTORS FOR WIDOWS OF PENSIONERS SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 130 PART 1—VALUE PER UNIT OF ANNUITY BENEFIT OF MALE CONTRIBUTORS WHO RETIRE BETWEEN AGES 55 AND 60 PART 2—VALUE PER UNIT OF ANNUITY BENEFIT OF FEMALE CONTRIBUTORS WHO RETIRE BETWEEN AGES 55 AND 60 SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . 135 PART 1—MALE CONTRIBUTORS PART 2—FEMALE CONTRIBUTORS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

7 Public Service Superannuation Act 1958 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 140 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 153 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 154 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 154 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 11 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 158 12 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161

s1 9 s4 Public Service Superannuation Act 1958 PUBLIC SERVICE SUPERANNUATION ACT 1958 [as amended by all amendments that commenced on or before 22 December 1995] An Act to consolidate and amend the law relating to the provision of superannuation benefits for officers of the public service, to make provision for their families, and for other purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Public Service Superannuation Act 1958 . ˙ Interpretation 4.(1) In this Act— “actuary” means a fellow or associate of the Institute of Actuaries (London), or a fellow or associate of the Faculty of Actuaries (Edinburgh), or any other person of whose actuarial knowledge and experience the Governor in Council approves. “age for retirement” means the age of 65 years. “board” means the State Service Superannuation Board constituted under the State Service Superannuation Act 1972 . “contributor” means an officer who contributes under this Act to the fund. “Crown” means the Crown in right of the State, and without limiting the generality of the meaning thereof, includes any commission, commissioner, corporation, board, instrumentality or person representing the Crown in right of the State.

s 4 10 s 4 Public Service Superannuation Act 1958 “fund” means the State service superannuation fund preserved, continued in existence and established under the State Service Superannuation Act1972 . “incapacity” means any mental or bodily infirmity by reason whereof an officer is unfit to discharge or incapable of discharging the duties of his or her office efficiently. “involuntary termination of employment” means the termination of a contract of employment by the Crown or other authority (howsoever described) which employs a contributor without the consent of the contributor other than termination by dismissal on the ground of misconduct or incapacity or retrenchment in accordance with arrangements approved by the Governor in Council. “manager” means the manager within the meaning of the State ServiceSuperannuation Act 1972 , section 4. “net earning rate of the fund” means the rate of interest as determined by the board, from time to time, on the advice of the actuary which rate, at the time it is determined, reasonably reflects the after tax earnings of the fund (on a long-term basis) derived from the investment of contributors’ contributions to the fund, having regard to administrative costs of the fund, the costs of death and incapacity benefits and the charges incurred in the investment of those contributions. “officer” means any person employed by or under the Crown, in the opinion of the board, in a permanent capacity, and includes any person employed by the University of Queensland in a permanent capacity who, under a regulation made under section 75, or the order in council dated 19 April 1928, made under the corresponding provisions of the repealed Act, is at the date of the passing of the Public Service Superannuation Act Amendment Act 1960, or on a date thereafter becomes, a contributor under this Act to the fund, and subject to the provisions of section 75A also includes— (a) any temporary employee (other than a married woman who is such an employee) employed full-time in the public service as defined by the PublicServiceAct1922 who has been so employed for not less than 1 year and, in relation to such employment, has been exempted by the Governor in Council upon the recommendation of the public service commissioner

s 4 11 s 4 Public Service Superannuation Act 1958 from the operation of the PublicServiceAct1922 , section 18(3)(v); (b) any person permanently employed full-time— (i) in the Queensland Rail under and within the meaning of the Transport Infrastructure Act 1994 ; (ii) by a regional health authority under and within the meaning of the Health Services Act 1991 ; (iii) by the Queensland Health Education Council constituted under the Health Act 1937 ; (iv) by the manager of the Golden Casket Art Union in the conduct and administration thereof; but does not include a judge of the Supreme Court, or of a District Court, or a police officer, or a person or a member of any class of persons at any time when such person or, as the case may be, persons included in such class of persons is or are excepted from this Act by the Governor in Council under a regulation. “person in receipt of benefit” means a person who is in receipt of annuity benefit or incapacity benefit under this Act and includes a person who, but for an election under section 39A, would be entitled to annuity benefit. “repealed Act” means the Public Service Superannuation Act 1912 . “retired” , in relation to employment as an officer, means retired or required to retire from that employment by the public service commissioner or by the person or authority other than the public service commissioner thereunto authorised by law. “salary” means the payment made to an officer by way of fixed remuneration for the officer’s services, unless otherwise determined by the Governor in Council on the recommendation of the public service commissioner, but does not include any sums paid to an officer by way of fees or allowances, except that in the case of officers employed as teachers the term includes any sum paid to any such officer as an allowance varying with the number of pupils attending the school in which such officer is employed. “the 1972 Act” means the State Service Superannuation Act 1972 .

s 4 12 s 4 Public Service Superannuation Act 1958 “widow” , in relation to a person who has died and was at the date of his death a contributor or person in receipt of benefit, means— (a) a woman who was legally married to the deceased person at the date of his death and, in the case of the death of a person in receipt of benefit, at the date of his attaining the age of 65 years or of his earlier final retirement; (b) a woman who was not legally married to the deceased person at the date of his death but who, for a continuous period of 3 years at the least immediately preceding that date terminated by the death or, in the case of the death of a person in receipt of benefit, for a continuous period of 3 years at the least immediately preceding the date of his attaining the age of 65 years or of his earlier final retirement, had ordinarily lived in a connubial relationship with him and who, in the opinion of the board, was wholly or substantially dependent on him at the date of his death. (1A) Where a contributor makes an election as is mentioned in section 29(2)(d) to retire from employment as an officer before the day on which the contributor would attain the age for retirement and the contributor voluntarily resigns from employment by reason of such election the contributor shall be deemed for the purposes of this Act to have been retired from that employment. (1B) Notwithstanding any other provision of this Act, where the employment of a contributor as an officer ceases at any time after the contributor has attained the age of 55 years otherwise than by reason of death or having been retired or permitted to retire on the ground of incapacity then, for the purposes of this Act, the contributor shall be deemed to have elected to retire and to have voluntarily resigned from employment at the time when the employment ceased. (2) A reference in this Act to a period expressed in years shall, where appropriate, be read as including a reference to a period expressed in years together with a fraction of a year being a fraction consisting of a completed whole month or 2 or more such months.

s 19 13 s 20 Public Service Superannuation Act 1958 PART 2—ADMINISTRATION ˙ Triennial investigation by an actuary 19.(1) The board may, from time to time, upon the advice of the actuary, declare that there shall be payable in respect of all or any units of benefit under this Act or benefit under the repealed Act preserved and continued by this Act such additional amounts by way of bonuses as to the board shall seem meet. (1A) Any such declaration may apply to a period of time or may apply without reference to a period of time. (1B) The board may at any time upon the advice of the actuary cancel, alter, vary or otherwise modify any such declaration. (1C) Any person entitled to any units of benefit under this Act or benefit under the repealed Act preserved and continued by this Act in respect whereof additional amounts by way of bonuses have been declared shall, whilst such declaration remains in force, be entitled in respect of such units to payment from the fund of additional sums in accordance with the declaration and not otherwise. (2) Any reference in this Act or the repealed Act to the amount of a unit of benefit shall unless the context otherwise indicates or requires be taken to exclude any additional amount by way of bonus in respect of that unit. PART 3—CONTRIBUTIONS Division 1—Contributions by officers ˙ Commencement of contributions 20.(1) Subject to this Act, every person who is an officer shall contribute to the fund as from the prescribed date and thereafter until the last day of the fortnightly pay-period preceding the day on which the officer attains the age of 65 years or employment as an officer sooner ceases.

s 20 14 s 20 Public Service Superannuation Act 1958 Prescribed date (2) In the case of an officer who was immediately prior to 1 April 1959, a contributor under the repealed Act, the prescribed date shall be 1 April 1959. (2A) In the case of an officer to whom subsection (2) does not apply, the prescribed date shall be the first day of the periodical interval at which contributions to the fund are prescribed to be made next after the date when the board accepts the officer as a contributor. Contributions to be paid periodically (3) The contribution to be made by a contributor to the fund shall be payable periodically at such intervals as may be prescribed and shall be deducted from the salary payable to the contributor accordingly. (3A) Until some other periodical interval is prescribed such contribution shall be payable by and be deducted from the salary of the contributor fortnightly. (3B) All deductions made from the salaries of officers in respect of contributions to the fund shall be credited thereto. (3C) Any amount of the contributions and additional payments prescribed by section 26(3) to be made by a contributor not paid by deduction from the contributor’s salary as prescribed by subsections (3) and (3A) shall be paid in such manner as the manager directs and, if directed by the manager, may be deducted from the contributor’s salary in addition to the deductions from the contributor’s salary as prescribed by subsections (3) and (3A) but the board may determine that any such amount not so deducted and not otherwise recovered by the board be recovered by reduction of the amount of benefit payable upon a claim made by or derived from the contributor, whereupon any such amount of contribution shall be deemed not to be due and unpaid. (3D) Notwithstanding subsections (3) to (3C), the board may recover by action as for a debt any amount of the contributions or additional payments to be made by a contributor which is due and unpaid. (3E) For the purposes of subsections (3C) and (3D), the amount of any unpaid contributions and additional payments shall be the aggregate of the amount thereof due and unpaid and of the interest thereon which would have accrued to the fund and the consolidated fund had the same been duly

s 21 15 s 21 Public Service Superannuation Act 1958 paid. (4) Where the contributions and additional payments to be made by a contributor are in arrears to the extent prescribed as respects amount or time, or both, the board may determine all rights of the contributor to benefits under this Act, and thereupon shall pay to the contributor a sum equal to the aggregate of contributions and additional payments, whether paid or in arrears, payable by the contributor to the fund or the consolidated fund, to the date of such determination accumulated in respect only of contributions payable by the contributor to the fund at the rate of 1.25% per annum compound until the passing of the SuperannuationActsAmendmentAct1987 and thereafter at the rate of 5% per annum compound until 30 June 1990 and thereafter at the net earning rate of the fund compound reduced by the aggregate of the amount of the arrears of contributions and additional payments and of the interest thereon which would have accrued to the fund or the consolidated fund (at the rate at which earnings would have accrued to the fund) had the same been duly paid. (5) Where a person ceased to be an officer within the meaning of section 4 but before the expiration of 1 month after so ceasing again becomes such an officer, the person may, where the board so approves (whether subject to conditions or unconditionally) on the written application of that person, be permitted to contribute to the fund in respect of the period between so ceasing to be an officer and again becoming an officer and where with the approval of the board a person is permitted to contribute to the fund under this subsection that person shall, for the purposes of this Act be deemed to be and to have been an “officer” within the meaning of section 4 during the period in respect of which the person so contributes and this Act shall apply in relation to the person accordingly. Division 2—Scale of units ˙ Salary for the purposes of this division 21.(1) In this division— “salary” , in relation to an officer, means the fortnightly salary of that officer. (2) The fortnightly salary of an officer who is paid salary at a rate other

s 22 16 s 22 Public Service Superannuation Act 1958 than a fortnightly rate of salary shall be ascertained as prescribed. (3) Different such prescriptions may be made in respect of officers included in different classes of officers. ˙ Scale of units of annuity, incapacity, and, in the case of male officers, assurance benefits 22.(1) Subject to this Act, contributions by an officer shall be in respect of units of annuity, units of incapacity and, in the case of a male officer, units of assurance benefits as respectively defined by sections 30, 32 and 34, and the number of units of those benefits respectively in respect of which an officer shall contribute is the number specified in schedule 1, column 2 opposite to the salary group in which his or her salary falls. (3) Where, at the time when an officer becomes a contributor, he or she has attained the age of 40 years, but is under the age of 60 years, he or she shall contribute to the fund— (a) unless he or she is entitled to elect and elects as prescribed by paragraph (b)—such a sum as will provide units of benefits to the number specified in schedule 1, column 2 opposite to the salary group within which his or her salary falls; or (b) if the sum specified in paragraph (a) exceeds the rate of 5% of his or her salary such sum (being a sum which will provide units of benefits to a number specified in column 2) not less than 5% of that salary and not exceeding the sum specified in paragraph (a) as he or she may, not later than 6 months after the date on which he or she becomes a contributor, elect to contribute. (3A) Where, at the time when an officer is required to become a contributor, he or she has attained the age of 60 years, he or she may elect not to contribute to the fund or to contribute thereto such a sum (being a sum which will provide units of benefits to a number not exceeding the number specified in schedule 1, column 2 opposite to the salary group within which his or her salary falls) as he or she deems fit, but unless he or she elects to so contribute not later than 6 months after the date on which he or she is required by this Act to become a contributor, he or she shall not be entitled or required to contribute to the fund for any benefit whatsoever under this Act.

s 22 17 s 22 Public Service Superannuation Act 1958 (4) If the salary of a contributor is increased and, by reason of that increase, falls within a salary group in schedule 1, column 1 higher than the salary group in which it fell prior to the increase, the following provisions shall apply— (a) if the officer has attained the age of 40 years, but is under the age of 60 years, and is contributing for the number of units corresponding to the salary group within which his or her salary fell immediately prior to the increase—he or she shall increase the amount of his or her contribution to— (i) unless he or she is entitled to elect and elects as prescribed by subparagraph (ii)—such a sum as will provide units of benefits to the number specified in column 2 opposite to the salary group within which his or her increased salary falls; or (ii) if the sum specified in subparagraph (i) exceeds the rate of 5% of that increased salary—such sum (being a sum which will provide units of benefits to a number specified in column 2) not less than 5% of that increased salary and not exceeding the sum specified in subparagraph (i) as he or she may, not later than 6 months after the date on which his or her salary is increased, elect to contribute; (b) if the officer has attained the age of 40 years, but is under the age of 60 years, and is not contributing for the number of units corresponding to the salary group within which his or her salary fell immediately prior to the increase—he or she shall increase the amount of his or her contribution to— (i) unless he or she is entitled to elect and elects as prescribed by subparagraph (ii)—such sum as will add to the number of units for which he or she is contributing the maximum number of additional units for which he or she could have contributed if he or she had been a contributor to whom paragraph (a) applies; or (ii) if the sum specified in subparagraph (i) exceeds the rate of 5% of that increased salary—such sum (being a sum which will provide units of benefits to a number specified in column 2) not less than 5% of that increased salary and not exceeding the sum specified in subparagraph (i) as he or she

s 22A 18 Public Service Superannuation Act 1958 s 22A may, not later than 6 months after the date on which his or her salary is increased, elect to contribute; (c) if the officer has attained the age of 60 years he or she may elect to increase the amount of his or her contribution to such a sum as will provide units of benefits under this Act to a number not exceeding the number specified in column 2 opposite to the salary group in which his or her increased salary falls, but unless he or she so elects not later than 6 months after the date on which his or her salary is increased, he or she shall not be entitled or required to increase his or her contribution by reason of such increase in salary; (ca) however, an officer to whom paragraph (c) applies shall not, in respect of any increase in salary, be entitled or permitted to increase the amount of his or her contribution so as to add to the number of units for which he or she was contributing immediately prior to that increase additional units in excess of the number prescribed in relation to that increase by such scale; (d) in all other cases—the contributor shall increase the amount of his or her contribution to such a sum as will provide units of benefits to the number specified in column 2 opposite to the salary group within which his or her increased salary falls. (5) An officer who has attained the age of 40 years on 1 April 1959, to whom part 5 applies, may, when and so often as his or her salary is increased, elect as prescribed by subsection (4)(a) or (b), notwithstanding that the increased contribution in respect whereof he or she makes the election does not exceed a rate of 5% of his or her increased salary. (5A) He or she may elect to make an increased contribution in respect of more units only of annuity benefit, or of incapacity benefit, or, in the case of a male contributor, of assurance benefit under this Act save that, as respects incapacity benefit or assurance benefit, a contributor shall not be entitled to elect to contribute for a number thereof greater than the total number of units of annuity benefit under this Act for which he or she contributes for the time being. (6) Any increased contribution payable in pursuance of subsection (4)(a), (b) or (d) is payable as from the first day of the periodical interval at which contributions to the fund are prescribed to be made next after the date—

s 22A 19 Public Service Superannuation Act 1958 s 22A (a) upon which the contributor’s salary is increased; or (b) from which the contributor’s salary is increased; whichever is the later. (7) Any increased contribution payable in pursuance of subsection (4)(c) and (ca) is payable as from the first day of the periodical interval at which contributions to the fund are prescribed to be made next after the date of the election. (8) For the purposes of this division where the salary of an officer falls within the salary group, exceeding $450.20 set out in schedule 1, column 1, the number ascertained in accordance with the formula in column 2 set opposite that salary group shall, with respect to that officer, be deemed to be the number specified in column 2 opposite to the salary group within which his or her salary falls. (9) For the purposes of the application at any time in relation to a contributor of the formula in schedule 1, column 2 opposite to the salary group, exceeding $450.20 in column 1— “A” denotes the number of times (disregarding any fraction less than 1) by which the fortnightly salary of the contributor exceeds the sum of $450.20 by the sum of $6.38. (10) For the purposes of contributions of officers in accordance with schedule 1 as inserted by the PublicServiceSuperannuationActAmendment Act 1969 , the salary of every officer who is a contributor at the commencement of that Act shall be deemed increased on and from the date of that commencement from the maximum salary within the salary group in column 1 opposite to the number in column 2 that was the number specified in schedule 1, column 2 immediately before the commencement of the PublicServiceSuperannuationActAmendmentAct1969 opposite to the salary group in which his or her salary fell immediately before the commencement of that Act and this Act shall apply accordingly. ˙ When officer may voluntarily increase contribution 22A.(1) Any officer who is not contributing to the fund for units of benefits to the number thereof specified in schedule 1 opposite to the salary group within which his or her salary falls may, subject to this section, elect to increase the amount of his or her contribution.

s 23 20 s 23 Public Service Superannuation Act 1958 (2) Such an election may be to contribute for any further number of units of benefits up to, but not exceeding, the difference between— (a) the number thereof specified in schedule 1 opposite to the salary group in which the salary of the officer making the election falls; and (b) the number thereof for which such officer is contributing; but an officer shall not be entitled or permitted to increase, pursuant to such an election, the officer’s contribution to the fund for incapacity benefit or assurance benefit to a number of units thereof in excess of the number or increased number of units of annuity benefit for which the officer is a contributor or, as the case may be, would become a contributor pursuant to such election. (2A) An officer who has attained the age of 40 years on 1 April 1959 to whom part 5 applies may elect to make an increased contribution under this section in respect of more units only of annuity benefit, or of incapacity benefit, or, in the case of a male contributor, of assurance benefit under this Act save that, as respects incapacity benefit or assurance benefit, a contributor is not entitled to so elect to contribute that the number thereof for which he or she will be contributing as a result of the election is greater than the total number of units of annuity benefit under this Act for which he or she contributes for the time being. (3) Unless exempted by the board therefrom an officer shall, before at any time increasing the amount of contribution to the fund under this section, be medically examined by a medical practitioner. (4) An officer shall not at any time increase the amount of his or her contribution to the fund under this section if, after considering the report of the medical practitioner, the board is not satisfied that the health and physical condition of such officer are such as would justify the officer being then accepted as a contributor. (4A) Where an officer who has attained the age of 40 years on 1 April 1959 to whom part 5 applies elects to increase his or her contribution pursuant to this section in respect of units of annuity benefit only he or she may elect in writing to do so without being medically examined by a medical practitioner in which case subsections (3) and (4) and section 67 do not apply to that election to increase his or her contribution in respect of units of annuity benefit only.

s 23 21 s 23 Public Service Superannuation Act 1958 (4B) Section 26(2) shall not apply to contributions payable by an officer to the fund pursuant to his or her election under subsection (4A) and accordingly such contribution shall not be suspended during any period of sick leave. (4C) In the case of any officer who, by reason of incapacity, is retired from employment as an officer before attaining the age of 65 years, section 29 does not apply in respect of units of annuity benefit for which he or she shall have contributed pursuant to an election under subsection (4A) unless the officer continues to contribute to the fund in accordance with such election, and subject to any arrangement approved by the board as to the payment of his or her contributions in advance, until he or she attains the age of 65 years, it being hereby declared that the officer may so continue. (4D) If the officer to whom subsection (4C) applies notifies the board in writing of his or her intention to discontinue, or fails to continue, such contribution, section 38(1) shall apply with respect to the annuity benefit for which he or she shall have contributed pursuant to his or her election under subsection (4A). (5) Any increased contribution under this section shall, subject to subsection (4), be payable as from the first day of the periodical interval at which contributions to the fund are prescribed to be made next after the date when the board accepts as a contributor under this section the officer making the election. ˙ Power to board to exempt etc. from contributing 23.(1) According as the circumstances of any case in its opinion warrant, the board may exempt an officer wholly or partly from the requirement imposed upon the officer by this Act to contribute or at any time to increase the amount of the officer’s contribution to the fund, or the board may defer (either for a period specified by it or without specifying any period) such requirement in respect of either such contribution or any increase in the amount thereof. (2) When the board specifies the period for which it defers the contribution or any increased contribution required by this Act to be paid by an officer, then upon the expiration of that period (or of any extension thereof which it is hereby declared the board may grant) that officer shall, unless the board wholly or partly exempts the officer from so doing, pay to

s 24 22 s 25 Public Service Superannuation Act 1958 the fund the contribution or increased contribution then required in the officer’s case by this Act. (3) When the board does not specify the period for which it defers the contribution or any increased contribution required by this Act to be paid by an officer, the board may at any later time determine that deferment and thereupon, unless the board wholly or partly exempts the officer from so doing, the officer concerned shall pay to the fund the contribution or increased contribution then required in the officer’s case by this Act. (4) In the case of any officer (including an officer to whom subsection (2) or (3) applies) partly exempted by the board from making the contribution or any increased contribution required in the officer’s case by this Act, the payment which the officer would be otherwise required to make shall be reduced by the amount of the exemption. (5) Where a contributor satisfies the board that adequate provision has been made for himself, herself and his or her family, or that continued contributions for the number of units for which the contributor is contributing will cause the contributor undue hardship, or that for any other reason which the board deems adequate the contributor should be permitted to surrender units, the board may permit the contributor to surrender some or all of the units of benefits under this Act for which the contributor is contributing. (6) The sum equal to the aggregate of all amounts paid by the contributor in respect of units of annuity benefit, incapacity benefit and assurance benefit surrendered under subsection (5) accumulated at the rate of 1.25% per annum compound until 30 June 1990 and thereafter at the net earning rate of the fund compound shall be paid to the contributor. (7) The units surrendered by a contributor under subsection (5) shall be— (a) in a case where the contributor is contributing under section 22A, or that section as applied by section 73B, for units of benefit—those units if the contributor nominates those units as the units to be so surrendered; (b) in a case other than one referred to in paragraph (a)—those units for which the contributor last began to contribute.

s 26 23 s 26 Public Service Superannuation Act 1958 ˙ Officer reduced in salary 24.(1) Where the salary of a contributor has been reduced and by reason of that reduction falls within a salary group in schedule 1, column 1 lower than the salary group in which it would fall if it had not been reduced, the contributor may elect to reduce the number of units in respect of which he or she shall contribute to a number not being less than the number of units appropriate to the salary group to which his or her salary has been reduced, and the sum equal to the aggregate of all amounts paid by him or her in respect of units of annuity benefit, incapacity benefit and assurance benefit, in excess of the reduced number of units accumulated at the rate of 1.25% per annum compound until the passing of the SuperannuationActsAmendment Act 1987 and thereafter at the rate of 5% per annum compound until 30 June 1990 and thereafter at the net earning rate of the fund compound shall be paid to him or her. (2) A contributor electing under this section shall surrender first the unit or units for which he or she last began to contribute. (3) The benefits (save the additional assurance benefit in respect of children) payable under this Act in respect of units respectively of annuity benefit, incapacity benefit and assurance benefit included in the number of units in excess of the number appropriate to the salary group to which the salary of a contributor has been reduced shall, whilst the unit continues to be a unit in excess of the number appropriate to the salary group in which the salary of the contributor falls for the time being, be reduced to 35% of the rates thereof which, save for this subsection, apply under this Act. ˙ Units of benefits to be contributed for in equal numbers 25.(1) At all times units (including units to which division 3A applies) respectively of annuity benefit, incapacity benefit and, in the case of a male contributor, assurance benefit, shall be contributed for in equal numbers and accordingly a contributor shall not be allowed to contribute at any time for more units of one such benefit than of another. (2) This section applies subject to section 22(5) and (5A), section 22A(2A) and (4A), section 27A(3), parts 5 and 5A.

s 26A 24 Public Service Superannuation Act 1958 s 26A ˙ Period for which contributions are to continue 26.(1) Except as prescribed by this section, an officer shall continue to contribute as prescribed to the fund until the last day of the fortnightly pay-period last preceding the day on which— (a) he or she ceases to be an officer; or (b) he or she attains the age for retirement; or (c) his or her service as an officer, ascertained as prescribed by section 26 of the 1972 Act equals 42 years and 6 months; whichever first occurs, and except as aforesaid, shall continue to pay contribution, as for a period of service, without reduction in respect of any period of leave or absence from duty. (1A) Where absence from duty referred to in subsection (1), other than with leave of absence without salary by reason of incapacity, is for a continuous period of 14 days or more (whether or not working days) the officer shall, unless the officer elects pursuant to subsection (1B), in addition to continuing to contribute to the fund as provided by subsection (1) pay to the consolidated fund, in respect of the period of absence, contribution at the rate prescribed by section 52 of the 1972 Act in relation to contributions payable by prescribed persons or entities pursuant to that section. (1B) A contributor who would be required to pay contribution to the consolidated fund pursuant to subsection (1A) may elect in writing furnished to the board not to pay contributions to the fund in respect of the period of absence whereupon— (a) contribution to the fund in respect of the contributor shall cease to be payable in respect of the period of absence; and (b) the board shall waive the payments to the consolidated fund that would be required by that subsection to be made by the contributor; and (c) the benefits to which the contributor or the contributor’s dependants may become entitled under this Act shall be reduced by such amounts as are determined by the actuary and approved by the board. (1C) The Governor in Council may waive the requirement under

s 27 25 s 27 Public Service Superannuation Act 1958 subsection (1A) to make payments to the consolidated fund either unconditionally or upon such terms and conditions as the Governor in Council determines, either in a particular case or in respect of a class of case, and such waiver shall be given effect. (2) Where an officer has been absent from duty with leave of absence without salary by reason of incapacity for a continuous period of 14 days (whether or not working days) the officer’s liability to pay contributions to the fund under this Act shall be suspended for the whole of the period that the officer has been or continues to be so absent but if the officer resumes employment as an officer contributions shall again become payable by the officer. (3) A contributor who, pursuant to subsection (1) or (1A), is required to pay contributions to the fund and to make payment to the consolidated fund in respect of a period of absence from duty— (a) shall, before commencing the period of absence, pay to the fund and to the consolidated fund the total amount of contributions and payments that the contributor is so required to pay; or (b) shall, before commencing the period of absence, make arrangements satisfactory to the board for payment of the total amount of contributions and payments that the contributor is so required to pay. (4) Where a contributor to whom subsection (3) applies does not comply with subsection (3)(a) or (b) the benefits to which the contributor or the contributor’s dependants may become entitled under this Act may be reduced by such amounts as are determined by the actuary and approved by the board. ˙ Refund of excess contributions 26A. Where a contributor has paid to the fund contributions in excess of those prescribed by this Act, the board shall refund to the contributor such sum of money in respect of those contributions as is determined by the actuary and approved by the board. Division 3—Scale of contributions by officers

s 27 26 s 27 Public Service Superannuation Act 1958 ˙ Contributions according to scale graduated by age at commencement 27.(1) The amount of contribution which shall be paid periodically by an officer in respect respectively of annuity, incapacity and, in the case of a male officer, assurance benefits, shall, except where otherwise provided in this Act, be based upon— (a) the number of units; (b) sex; (c) the age at which the officer commences to contribute for each unit. (2) The amount of the contributions shall be ascertained— (a) with respect to units for which the officer commenced to contribute before the commencement of the PublicServiceSuperannuationActAmendmentAct1969 , or for which the officer commences to contribute after that commencement by reason of section 22(10), in accordance with— (i) in the case of male officers—schedule 2, part 1; and (ii) in the case of female officers—schedule 2, part 2; (b) with respect to units for which the officer commences to contribute after the said commencement (save units for which the officer commences to contribute after that commencement by reason of section 22(10))—in accordance with schedule 2A. (3) For the purpose of subsection (4)— “hypothetical fortnightly contribution” means the fortnightly contribution, as at 1 January 1973, that would have been payable by a contributor in respect of the units of benefit (in this section called the “said units of benefit” ) for which he or she is a contributor under this Act as at that date (including any units of whole life and endowment assurance, but excluding any units of benefit that were effected pursuant to section 22A after 1 October 1972 and any reserve units of benefit) if— (a) each (if any) of the said units of benefit that was taken-up pursuant to section 22A had been effected immediately before the date of its becoming a unit of benefit in respect of which an election might be made under the said section; and

s 27A 27 Public Service Superannuation Act 1958 s 27A (b) each (if any) of the said units of benefit in respect of which any fortnightly contributions have been commuted by payment of a lump sum had not been so commuted; but where neither paragraph (a) or (b) is applicable to the case in question means the fortnightly contribution as at 1 January 1973 that is payable by a contributor in respect of the said units of benefit. (4) A contributor whose hypothetical fortnightly contribution exceeds the sum equal to 13% of his or her fortnightly salary as at 1 January 1973 may, by application in writing to the board prior to 1 March 1973, have the actual fortnightly contribution that he or she is paying as at that firstmentioned date in respect of the said units of benefit reduced by whichever is the lesser of— (a) the fortnightly contribution that is payable by the contributor as at the said 1 January; and (b) one-third of the excess of the hypothetical fortnightly contribution over the sum equal to 13% of such fortnightly salary. (5) Any reduction in the actual fortnightly contribution under subsection (4) shall apply retrospectively from the first due date for the payment of the contributor’s fortnightly contributions after 1 January 1973. (6) Notwithstanding subsections (1) to (5), on and from the day that is the first payday in July 1988 for the contributor concerned the amount of a contributor’s contributions payable in accordance with those provisions immediately before that day shall be reduced by 1.5% of the amount of salary to which the contributor was entitled as at 31 December 1972. (7) In no case shall a contributor be entitled to a payment by reason of the reduction in the amount of contribution. Division 3A—Reserve units of benefits ˙ Contribution for reserve units 27A.(1) A contributor who is contributing to the fund for units of benefits to the number thereof specified in schedule 1 opposite to the salary group within which his or her salary falls, may, from time to time, elect to contribute to the fund for 1 or more reserve units of benefits in accordance with this division.

s 27B 28 Public Service Superannuation Act 1958 s 27B (2) The number of reserve units respectively of annuity benefit, incapacity benefit and, in the case of a male contributor, assurance benefit for which a contributor may elect to contribute at any time pursuant to subsection (1) together with the number of reserve units in respect of which he or she has already made an election under that subsection shall not exceed 12. (3) An officer— (a) who has attained the age of 40 years on 1 April 1959 to whom part 5 applies; or (b) who is a contributor to the fund under part 5A; may elect to contribute pursuant to this division for reserve units of annuity benefit only. (4) Contributions for a reserve unit of benefit— (a) shall be— (i) with respect to units for which the officer commenced to contribute before the commencement of the Public ServiceSuperannuationActAmendmentAct1969 , in accordance with— (A) in the case of male officers—schedule 2, part 1; and (B) in the case of female officers—schedule 2, part 2; (ii) with respect to units for which the officer commences to contribute after the said commencement—in accordance with schedule 2A; and (b) shall be payable as from the first day of the periodical interval at which contributions to the fund are prescribed to be made next after the date when the board accepts the contributor’s election to contribute for that reserve unit of benefit. (5) Unless exempted by the board therefrom an officer shall, before at any time contributing or increasing the amount of his or her contribution for reserve units of benefits under this division, be medically examined by a medical practitioner. (6) An officer shall not at any time increase under this division the amount of his or her contributions to the fund if after considering the report

s 27C 29 Public Service Superannuation Act 1958 s 27D of the medical practitioner, the board is not satisfied that the health and physical condition of such officer are such as would justify his or her being then accepted as a contributor. ˙ When reserve units become ordinary units of benefits 27B. Where a contributor— (a) who is contributing for 1 or more reserve units of benefits pursuant to this division; and (b) who becomes required or entitled to contribute for additional units of benefits under the provisions of this Act (other than this division); does not increase the amount of his or her contributions to the fund by such sum as is sufficient to provide, in accordance with schedule 2 applicable to the particular case, the additional units of benefits, such number of reserve units of benefits up to but not exceeding the number of such units for which he or she is contributing pursuant to this division as is equal to the difference between— (c) the number of units of benefits specified in schedule 1 opposite to the salary group within which the contributor’s salary falls; and (d) the number thereof (other than reserve units of benefits) for which such officer is contributing; shall cease to be reserve units of benefits to which this division applies and shall become units of benefits for which the contributor is contributing under the provisions of this Act (other than this division) the contribution for which shall continue to be the contribution the contributor was making to the fund therefor immediately before the units of benefits so ceased to be reserve units. ˙ Contributor may discontinue contribution for reserve units 27C.(1) Subject to subsection (2) a contributor who is contributing for 1 or more reserve units of benefit may, subject to section 25, elect to discontinue his or her contributions in respect of any or all of those units, in which case he or she shall be paid from the fund the sum equal to the aggregate of all amounts paid by him or her in respect of units of annuity

s 27E 30 Public Service Superannuation Act 1958 s 27E benefit, incapacity benefit and assurance benefit for which he or she has so elected to discontinue his or her contributions accumulated at the rate of 1.25% per annum compound until the passing of the Superannuation ActsAmendment Act 1987 and thereafter at the rate of 5% per annum compound until 30 June 1990 and thereafter at the net earning rate of the fund compound. (2) A contributor shall not make an election pursuant to subsection (1) if the effect of that election is that the contributor thereafter contributes for a number of units (including reserve units) of annuity benefit that is less than the number of units (including reserve units) respectively of incapacity benefit or assurance benefit for which he or she then contributes. ˙ Benefits payable on reserve units 27D.(1) Where a contributor contributes for reserve units of benefit pursuant to this division the benefits payable under this Act in respect of all reserve units respectively of annuity benefit, incapacity benefit and assurance benefit for which the contributor is contributing for the time being (but not including units of such benefit which have ceased pursuant to section 27B to be reserve units of benefits) shall, whilst they continue to be reserve units, be 35% of the rates thereof which would apply under this Act if those reserve units were units of benefit for which the contributor was contributing within the number appropriate to the salary group in which the salary of the contributor falls for the time being. (2) In the case of a contributor who is continued in his or her employment as an officer after attaining the age of 65 years, benefits payable in respect of reserve units of annuity shall be payable to the contributor on attaining the age of 65 years and shall be at the same rate as that to which the contributor would be entitled if the contributor had ceased to be an officer on attaining the age of 65 years. ˙ Payment of lump sum on ceasing to contribute 27E.(1) A contributor who is contributing for 1 or more reserve units of benefit pursuant to this division who ceases to be a contributor for that— (a) he or she was retired by reason of incapacity from his or her employment as an officer before attaining the age of 65 years;

s 27E 31 Public Service Superannuation Act 1958 s 27E (b) the contributor voluntarily resigned from his or her employment as an officer after attaining the age of 60 years but before attaining the age of 65 years; (c) he or she attained the age of 65 years; shall be entitled, subject in the case of a person referred to in paragraph (a) to his or her satisfying the board as required by section 43E, by notice in writing lodged with the board to elect to be paid, in respect of all or any of the number of reserve units of annuity benefit and— (d) in the case of a male contributor—assurance benefit; and (e) in the case of a contributor to whom paragraph (a) applies—incapacity benefit; in respect of which but for the election he or she would be entitled to receive benefit pursuant to section 27D, the sum prescribed by this section. (2) Notice of election under subsection (1) shall be lodged with the board— (a) in the case of a contributor retired by reason of incapacity from his or her employment before attaining the age of 65 years—before the expiration of a period of 1 month commencing on the date of retirement; and (b) in the case of an officer who voluntarily resigns from his or her employment after he or she has attained the age of 60 years but before attaining the age of 65 years—before the expiration of a period of 1 month commencing on the date on which his or her resignation takes effect; and (c) in any other case—before the expiration of a period of 1 month commencing on the date on which the contributor attains the age of 65 years. (3) Where a contributor who is contributing pursuant to this division for 1 or more reserve units respectively of annuity benefit, incapacity benefit and assurance benefit ceases to be a contributor for a reason other than a reason specified in subsection (1) there shall be paid to him or her, or, if he or she has died, to his or her personal representative or other person approved by the board from the fund the sum prescribed by this section in respect of all reserve units respectively of annuity benefit, incapacity benefit and, save where the contributor ceases to be a contributor by reason of death

s 28 32 s 28 Public Service Superannuation Act 1958 before attaining the age of 65 years leaving the contributor surviving a widow, assurance benefit for which he or she was contributing to the fund pursuant to this division at the time when he or she ceased to be a contributor (but not including units of such benefit which have ceased pursuant to section 27B to be reserve units of benefits). (4) The sum to be paid in respect of the number of reserve units of the benefits in question ascertained in accordance with subsections (1) to (3) shall be equal to— (a) in the case of a contributor who ceased to be a contributor on account of death or retirement by reason of incapacity or voluntary resignation in terms of section 77A or attainment of the age of 65 years—such amount as is determined by the actuary appointed pursuant to this Act and approved by the board; and (b) in any case to which paragraph (a) does not apply—the aggregate of all amounts (accumulated at the rate of 1.25% per annum compound until the passing of the SuperannuationActsAmendment Act 1987 and thereafter at the rate of 5% per annum compound) contributed by the contributor in question in respect of such number of reserve units of annuity benefit, incapacity benefit and assurance benefit. (5) Upon payment of the sum specified in subsection (4) all reserve units of benefit in respect of which the sum is paid shall be deemed to have been commuted by the contributor. Division 4—Payments by the Crown ˙ Amount of contribution by the Crown 28.(1) In respect of each unit of annuity benefit, or of incapacity benefit, or of assurance benefit, and in respect of all additional assurance benefits, paid from the fund, the Crown shall pay a sum equal to 65% of the payment so made where the entitlement to such payment arose before the commencement of the StateServiceSuperannuationAct1972 or the entitlement to such payment is derived from a person whose entitlement to annuity benefit or incapacity benefit arose before the said commencement or a sum equal to—

s 29 33 s 30 Public Service Superannuation Act 1958 (a) five-sevenths of the payment so made; or (b) such other sum as the Treasurer on the advice of the actuary may determine; where the entitlement to such payment arose after the said commencement and is not derived from a person whose entitlement to annuity benefit or incapacity benefit arose before the said commencement. (1A) This section does not apply in respect of— (a) any payment of annuity benefit, to which section 30(2) or section 55 applies; or (b) any payment of incapacity benefit to which section 56 applies; or (c) any payment prescribed by part 4, division 5 (other than section 37); or (d) any payment of annuity benefit, incapacity benefit or assurance benefit to which section 27D applies. (2) Notwithstanding subsection (1), the contribution of the Crown under this section in respect of a payment pursuant to section 47(2), being a payment of a prescribed amount as defined in section 47(4)(b), shall be an amount equal to the additional sum referred to in section 47(2) together with that part of the payment being interest calculated in accordance with section 47(4)(b) in respect of that additional sum. PART 4—BENEFITS AND PAYMENTS Division 1—Annuity benefit ˙ When entitlement to annuity benefit accrues 29.(1) Every contributor to whom this section applies shall be entitled to annuity benefit on attaining the age of 65 years or, in the case of a contributor who makes an election as is mentioned in subsection (2)(d) to retire before the day on which the contributor would attain the age for retirement, on retirement.

s 31 34 s 31 Public Service Superannuation Act 1958 (2) This section applies to every contributor— (a) who, by reason of incapacity, is retired from his or her employment as an officer before attaining the age of 65 years and is receiving an incapacity benefit immediately before attaining that age; or (b) who is retired or permitted to retire from his or her employment as an officer on attaining the age of 65 years; or (c) who is continued in his or her employment as an officer after attaining the age of 65 years; or (d) who after the commencement of the SuperannuationActsAmendment Act 1974 (No. 2) , part 3, elects to retire at any time within the period of 5 years immediately preceding the day on which the contributor would attain the age for retirement. ˙ Units of annuity benefit 30.(1) Subject to subsections (2) and (3) and to part 5, division 5, the unit of annuity benefit is at the rate of $3.84 per fortnight. (2) In respect of a contributor who is continued in his or her employment as an officer after attaining the age of 65 years the unit of annuity benefit is at the rate of $1.34 per fortnight whilst he or she is so continued. (3) Where a contributor to whom section 29 applies makes after the commencement of the Superannuation Acts Amendment Act (No. 2) 1974 , part 3, an election as is mentioned in section 29(2)(d) to retire before the day on which the contributor 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 ) 45 . (3A) In subsection (3)— “R” means the fortnightly rate expressed in dollars to the nearest cent of each unit of benefit. “t” means the remainder obtained by subtracting from 65 the contributor’s age (expressed in years and complete months) as at the date of retirement.

s 32 35 s 32 Public Service Superannuation Act 1958 Amount of annuity benefit (4) Subject to this Act, a contributor shall be entitled to receive annuity benefit according to the number of units for which he or she was contributing on attaining the age of 65 years or, in the case of a contributor retired, by reason of incapacity or an election as is mentioned in section 29(2)(d), from his or her employment as an officer before attaining that age, the number of units for which he or she was contributing when so retired. Division 2—Incapacity benefit ˙ When entitlement to incapacity benefit accrues 31.(1) Save as otherwise prescribed by subsections (3) to (5) and by section 32A, every contributor to whom this section applies shall be entitled to incapacity benefit for the period prescribed in his or her case by this section. (2) This section applies to every contributor or person— (a) in respect of any period of such sick leave of absence without salary exceeding 2 weeks not including the first 2 weeks thereof, by reason of incapacity, from his or her employment as an officer, being such a period approved by the person or authority thereunto authorised by law; or (b) if retired—by reason of incapacity, from his or her employment as an officer, in respect of the period from his or her retirement and thereafter, subject to the continuance of incapacity, until he or she attains the age of 65 years, or until his or her re-employment as an officer, whichever occurs first; and in either case subject to the contributor or person in question satisfying the board as required by section 43E. (3) A person shall not be entitled to incapacity benefit under this Act in respect of incapacity due to wilful action on the part of such person for the obtaining of such benefit. (4) If by reason of incapacity to which this subsection applies a contributor is retired from employment as an officer, he or she shall be

s 32A 36 Public Service Superannuation Act 1958 s 32A entitled to be paid the sum equal to the aggregate of all amounts paid by him or her in respect of units of annuity benefit, incapacity benefit and assurance benefit under this Act accumulated at the rate of 1.25% per annum compound, and, in the case of a contributor to whom part 5 applies, the surrender value in respect of contributions paid by him or her to the fund for assurance benefit under and within the meaning of the repealed Act but, save such payment, such retirement shall determine all his or her right and interest in respect of benefits for which he or she was a contributor. (5) A contributor or person shall not continue to receive incapacity benefit under this Act in respect of any incapacity after recovering therefrom, it being hereby declared that upon recovery the entitlement to the benefit shall cease and determine. ˙ Units of incapacity benefit 32.(1) Subject to part 5, division 5, the unit of incapacity benefit is at the rate of $3.84 per fortnight. (3) Subject to this Act, a contributor shall be entitled to receive incapacity benefit according to the number of units for which he or she is contributing at the commencement of any period of sick leave of absence without salary in respect of which he or she is entitled to incapacity benefit, or when he or she is retired, by reason of incapacity, from his or her employment as an officer, as the case may be. ˙ Application to commute incapacity benefit 32A.(1) A person who, before the passing of the Superannuation ActsAmendmentAct1984 , has been retired or permitted to retire from employment as an officer by reason of incapacity or, after the passing of that Act, is retired or permitted to retire from employment as an officer by reason of incapacity and, in either case is entitled to receive an incapacity benefit may, subject to this section, apply in writing to the board to convert into a lump sum payment the whole of his or her incapacity benefit entitlement under this Act. (2) A person who is or was prior to his or her retirement a contributor under the StateServiceSuperannuationAct1972 is not entitled to elect under subsection (1) to convert into a lump sum payment his or her

s 33 37 s 33 Public Service Superannuation Act 1958 entitlement to incapacity benefit under this Act unless he or she also elects to convert into a lump sum payment the whole of his or her entitlement to an incapacity pension under the State Service Superannuation Act 1972 . (3) An application under subsection (1)— (a) shall be made, subject to subsection (5), before the expiration of a period of 6 months after the date on which the entitlement to the incapacity benefit arises or arose or after the passing of the Superannuation Acts Amendment Act 1984 , whichever period is the later to expire; and (b) shall be effective only if, in the board’s opinion, the applicant is medically competent to make the application; and (c) shall be made in respect of all the units of incapacity benefit including any excess units to which section 56 applies and any reserve unit of incapacity benefit for which he or she contributed other than a reserve unit of incapacity benefit in respect of which he or she has elected to receive payment of the sum prescribed by section 27E. (4) A person who under subsection (1) duly makes an application that is approved by the board shall be paid from the fund a sum determined by the actuary and approved by the board and his or her entitlement to an incapacity benefit under this Act ceases. (5) Where at the passing of the SuperannuationActsAmendmentAct1984 a person who has been retired or permitted to retire from employment as an officer by reason of incapacity is not entitled to payment of an incapacity benefit but subsequently becomes so entitled he or she may make an application under subsection (1) before the expiration of 3 months after he or she subsequently becomes so entitled and thereupon subsection (4) shall apply in respect of him or her. Division 3—Assurance benefit ˙ Entitlement to assurance benefit 33.(1) Every person to whom this section applies is entitled to the payment of a lump sum by way of assurance benefit.

s 34 38 s 34 Public Service Superannuation Act 1958 (2) Subsection (1) applies to— (a) the widow of a contributor who dies before attaining the age for retirement or, except in a case to which section 36(1)(b) applies, if there be no widow, the legal personal representative of the contributor or other person approved by the board; (b) the widow of a person who was in receipt of annuity benefit under this Act immediately before his death, if her marriage to him had occurred before or her connubial relationship with him had subsisted for a continuous period of 3 years at least immediately preceding— (i) where he had attained the age for retirement—that age; or (ii) where he had been, by reason of incapacity, retired from his employment as an officer before he attained the age for retirement or he had retired pursuant to an election referred to in section 29(2)(d)—such retirement; (c) the widow of a person who, having before the passing of the SuperannuationActsAmendmentAct1984 attained the age for retirement or retired pursuant to an election referred to in section 29(2)(d), has commuted (pursuant to division 5A or part 5, division 14) for a lump sum the whole of the annuity benefit to which he was entitled under this Act, if her marriage to him had occurred before or her connubial relationship with him had subsisted for a continuous period of 3 years at least immediately preceding— (i) where he had attained the age for retirement—that age; (ii) where he had been, by reason of incapacity, retired from his employment as an officer before he attained the age for retirement or he had retired pursuant to an election referred to in section 29(2)(d)—such retirement; (d) the widow of a person retired by reason of incapacity from his employment as an officer who at the date of his death was entitled to or, but for the operation of section 45(4) and (5), would have been entitled to an incapacity benefit under this Act and who dies before attaining the age for retirement, if her marriage to him had occurred before or her connubial relationship with him had

s 34 39 s 34 Public Service Superannuation Act 1958 subsisted for a continuous period of 3 years at least immediately preceding such retirement. (3) In this section reference to a widow shall be construed as reference to a widow of a person who dies on or after the coming into operation of this section. (4) In subsection (2)(a) reference to a legal personal representative or other person approved by the board shall be construed as reference to such a representative of or other person so approved in respect of a contributor who dies on or after the passing of the Superannuation Acts Amendment Act1987 . ˙ Units of assurance benefit 34. The value of a unit of assurance benefit shall be ascertained— (a) where entitlement thereto is derived through a contributor who dies in service before attaining the age of 60 years—in accordance with schedule 4; (b) where entitlement thereto is derived through a contributor who dies in service upon or after attaining the age of 60 years but before attaining the age of 65 years—in accordance with schedule 4A; (c) where entitlement thereto is derived through a person who immediately before his death was entitled to a pension under this Act or who, but for the operation of section 45(4), or an application under section 39A, would be entitled to a pension under this Act, other than a person who has retired pursuant to an election referred to in section 29(2)(d)—in accordance with the formula— where— A=BxC D “A” means the amount payable in respect of each unit of benefit, expressed in dollars and cents to the nearest cent. “B” means the factor set forth in schedule 4B opposite the age of the widow at nearest birthday as at the date of her husband’s death.

s 34A 40 Public Service Superannuation Act 1958 s 34B “C” means the fortnightly amount of the pension to which the person through whom the entitlement is derived was, immediately before his death, entitled under this Act or, as the case may be, would have been entitled under this Act but for the operation of section 45(4) and (5) or an application under section 39A. “D” means the fortnightly amount of pension to which the person through whom the entitlement is derived became entitled upon his retirement; (d) where entitlement thereto is derived through a person who retired pursuant to an election referred to in section 29(2)(d)—in accordance with the formula— (i) where the retirement occurred on or after 30 October 1974 and before 1 April 1978— A = B x C x (1–0.06 t) D or (ii) where the retirement occurred on or after 1 April 1978— where— A = B x C x (1 – t/45) D “A” means the amount payable in respect of each unit of benefit expressed in dollars and cents to the nearest cent. “B” means the factor set forth in schedule 4B opposite the age of the widow at nearest birthday as at the date of her husband’s death. “C” means the fortnightly amount of pension to which the person through whom the entitlement is derived was, immediately before his death, entitled under this Act or, as the case may be, would have been entitled under this Act but for an application under section 39A. “D” means the fortnightly amount of pension to which the person through whom the entitlement is derived became entitled upon his retirement. “t” means the remainder obtained by subtracting from 65 the age (expressed in years and complete months) as at the date of his retirement of the person through whom the entitlement is derived.

s 34B 41 Public Service Superannuation Act 1958 s 34B ˙ Extent of assurance benefit 34A.(1) Subject to this Act, a widow to whom section 33 applies is entitled to receive assurance benefit according to the number of units for which the person through whom the entitlement is derived was contributing immediately before he ceased to be a contributor. (2) Where a person who, on or after the passing of the SuperannuationActs Amendment Act 1984 , attains the age for retirement or retires pursuant to an election referred to in section 29(2)(d) and has commuted (pursuant to division 5A or part 5, division 14) for a lump sum the whole or a part of the annuity benefit to which he became entitled under this Act, his widow is not entitled to receive assurance benefit in respect of the number of units of assurance benefit equal to the number of units of annuity benefit that have been commuted. (3) Where a contributor or pensioner dies and is survived by more than 1 widow, the amount payable under this section is that which would be payable if there were but 1 widow and the amount is payable to those widows in such proportions as the board determines having regard to their respective needs and to such other matters as it considers relevant. ˙ Widow’s right to substitute pension for assurance benefit 34B.(1) Subject to this section, a widow to whom section 33(1) applies may elect not to receive assurance benefit for 1 or more units of assurance benefit but to receive in lieu thereof a widow’s pension. (2) The rate of widow’s pension for each unit of assurance benefit to which the election relates shall be $2.56 per fortnight except in the following cases— (a) where the value of each unit of assurance benefit to which the widow is entitled is ascertained as prescribed by section 34(c)—the rate per fortnight of widow’s pension for each unit of assurance benefit shall be ascertained in accordance with the formula— where— R = 2.56 x 4 B “A” means the fortnightly amount of pension to which the person through

142 Public Service Superannuation Act 1958 Public Service Superannuation Acts Amendment Act 1965 No. 53 date of assent 16 December 1965 commenced on date of assent Decimal Currency Act 1965 No. 61 s 11 sch 2 date of assent 23 December 1965 commenced 14 February 1966 (see s 1(2)) Public Service Superannuation Acts Amendment Act 1966 No. 32 date of assent 21 December 1966 commenced 3 January 1967 (see s 2(1)) Public Service Superannuation Act Amendment Act 1968 No. 59 date of assent 24 December 1968 s 5 commenced 1 January 1969 (see s 5(2)) remaining provisions commenced 31 December 1968 (see s 2(1)) Public Service Superannuation Act Amendment Act 1969 No. 19 date of assent 17 December 1969 s 4 commenced 1 January 1970 (see s 4(2)) remaining provisions commenced 30 December 1969 (see s 2) State Service Superannuation Act 1972 No. 22 pt 7 date of assent 19 December 1972 commenced 1 January 1973 (see s 1(2)) Superannuation Acts Amendment Act 1974 No. 20 pt 3 date of assent 24 April 1974 for commencement of s 29(1)(a) see s 29(2) s 30 commenced 1 July 1974 (see s 30(2)) remaining provisions commenced on date of assent Superannuation Acts Amendment Act 1974 (No. 2) No. 66 pt 3 date of assent 30 October 1974 commenced on date of assent Superannuation Acts Amendment Act 1975 No. 26 pt 3 date of assent 15 May 1975 commenced on date of assent Superannuation Acts Amendment Act 1976 No. 82 pt 3 date of assent 16 December 1976 ss 36, 38 commenced 4 January 1977 (see s 3(2)(b)) remaining provisions commenced on date of assent (see s 3(1)) Superannuation Acts Amendment Act 1978 No. 20 pt 3 date of assent 2 June 1978 ss 31, 34 commenced 1 April 1978 (see s 2(2)(a)) remaining provisions commenced on date of assent (see s 2(1)) Superannuation Acts Amendment Act 1984 No. 14 pt 3 date of assent 27 February 1984 s 63 commenced 1 September 1981 (see s 2(2)) remaining provisions commenced on date of assent (see s 2(1))

143 Public Service Superannuation Act 1958 Superannuation(PublicEmployeesPortabilityandActsAmendment)Act1985 No. 35 pt 4 date of assent 17 April 1985 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 4 May 1985 (proc pubd gaz 4 May 1985 p 307) Superannuation Acts Amendment Act 1987 No. 27 pt 3 date of assent 23 April 1987 commenced on date of assent Superannuation Acts Amendment Act 1987 (No. 2) No. 64 pt 3 date of assent 16 November 1987 commenced 1 January 1988 (see s 19) Superannuation Acts Amendment Act 1988 No. 45 pt 3 date of assent 3 May 1988 commenced on date of assent Superannuation Acts Amendment Act 1989 No. 54 pt 3 date of assent 5 May 1989 commenced 12 June 1989 (proc pubd gaz 10 June 1989 p 918) Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Superannuation Acts (Miscellaneous Amendments) Act 1990 No. 23 pt 2 date of assent 13 June 1990 ss 1.1–1.2 commenced on date of assent (see s 1.2(1)) remaining provisions commenced 14 June 1990 (proc pubd gaz 14 June 1990 p 833) Superannuation (Miscellaneous Acts) Amendment Act 1991 No. 11 pt 2 date of assent 15 April 1991 s 2.1 commenced on date of assent (see s 1.2(1)) ss 2.2, 2.4–2.6, 2.7(d) and 2.8 commenced 11 May 1991 (proc pubd gaz 4 May 1991 p 73) remaining provisions not yet proclaimed into force Statute Law (Miscellaneous Provisions) Act 1991 No. 97 s 3 sch 2 date of assent 17 December 1991 commenced on date of assent Superannuation Legislation Amendment Act 1995 No. 27 pts 1, 7 date of assent 14 June 1995 ss 1–2 commenced on date of assent s 35 not yet proclaimed into force remaining provisions commenced 18 August 1995 (1995 SL No. 229) Superannuation Legislation Amendment Act (No. 2) 1995 No. 53 pts 1, 5 date of assent 22 November 1995 commenced on date of assent

144 Public Service Superannuation Act 1958 Statute Law Revision (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent ´ 5 List of annotations Short title s 1 amd R1 (see RA s 37) Parts of Act s 2 amd 1960 9 Eliz 2 No. 39 s 2; 1968 No. 59 s 3; 1969 No. 19 s 3 om 1991 No. 97 s 3 sch 2 Repeals and savings s 3 om 1991 No. 97 s 3 sch 2 Interpretation prov hdg sub 1987 No. 27 s 30(a) s 4 amd 1974 No. 66 s 15 sch 2; 1976 No. 82 s 28(b); 1984 No. 14 s 47(b); 1987 No. 27 s 30(b)–(c); 1987 No. 64 s 24; 1991 No. 97 s 3 sch 2 def “age for retirement” ins 1975 No. 26 s 7 def “board” sub 1972 No. 22 s 74(1) sch 2 def “child” amd 1976 No. 82 s 28(a) om 1978 No. 20 s 28(a) def “Division” om 1995 No. 58 s 4 sch 1 def “fund” sub 1972 No. 22 s 74(1) sch 2 def “involuntary termination of employment” ins 1990 No. 23 s 2.2(a) def “manager” sub 1972 No. 22 s 74(1) sch 2 def “medical practitioner” om 1995 No. 58 s 4 sch 1 def “Minister” amd 1966 No. 32 s 3(a) om 1991 No. 97 s 3 sch 2 def “net earning rate of the fund” ins 1990 No. 23 s 2.2(b) sub 1991 No. 11 s 2.2 def “officer” amd 1960 9 Eliz 2 No. 39 s 3; 1964 No. 57 s 3(1); 1968 No. 59 s 4(a); 1995 No. 27 s 32 def “Part” om 1991 No. 97 s 3 sch 2 def “Person in receipt of benefit” ins 1978 No. 20 s 28(b) def “Surrender value” amd 1966 No. 32 s 3(b); 1968 No. 59 s 4(b) om 1972 No. 22 s 74(1) sch 2 def “the 1972 Act” ins 1985 No. 35 s 28 amd 1989 No. 103 s 3 sch def “widow” ins 1978 No. 20 s 28(c) amd 1984 No. 14 s 47(a); 1989 No. 103 s 3 sch Administration s 5 om 1995 No. 27 s 33 Public Service Superannuation Board s 6 amd 1964 No. 21 s 2 om 1972 No. 22 s 74(2)

145 Public Service Superannuation Act 1958 Chairman of board s 7 sub 1964 No. 21 s 3 om 1972 No. 22 s 74(2) Tenure of office s 8 amd 1964 No. 21 s 4 om 1972 No. 22 s 74(2) Filling of certain vacancies s 9 sub 1964 No. 21 s 5 om 1972 No. 22 s 74(2) Temporary appointments s 10 amd 1960 9 Eliz 2 No. 39 s 4 om 1972 No. 22 s 74(2) Vacation of office s 11 om 1972 No. 22 s 74(2) Remuneration s 12 om 1972 No. 22 s 74(2) Manager of the fund s 13 amd 1964 No. 21 s 6 om 1972 No. 22 s 74(2) Proceedings of the board meetings s 14 amd 1964 No. 21 s 7 om 1972 No. 22 s 74(2) Cost of administration s 15 om 1972 No. 22 s 74(2) Reports by board s 16 om 1972 No. 22 s 74(2) Appointment of officers s 17 om 1972 No. 22 s 74(2) Fund s 18 amd 1960 9 Eliz 2 No. 39 s 5; 1966 No. 32 s 4; 1968 No. 59 s 5(1); 1969 No. 19 s 4(1) om 1972 No. 22 s 74(2) Triennial investigation by an actuary prov hdg sub 1990 No. 23 s 2.3 s 19 amd 1972 No. 22 s 74(1) sch 2; 1991 No. 11 s 2.9(a) The Public Service Superannuation Additional Benefits Fund s 19A ins 1960 9 Eliz 2 No. 39 s 6 amd 1964 No. 57 s 4; 1969 No. 19 s 5 om 1972 No. 22 s 74(2)

146 Public Service Superannuation Act 1958 Commencement of contributions s 20 amd 1960 9 Eliz 2 No. 39 s 7; 1964 No. 57 s 5; 1966 No. 32 s 5; 1972 No. 22 s 74(1) sch 2; 1974 No. 20 s 24; 1976 No. 82 s 29; 1978 No. 20 s 29; 1987 No. 27 ss 31–32; 1989 No. 54 s 14; 1990 No. 23 s 2.4 Salary for the purposes of this division s 21 amd 1964 No. 57 s 6 sub 1966 No. 32 s 6 Scale of units of annuity, incapacity and, in the case of male officers, assurance benefits s 22 amd 1964 No. 57 s 7; 1966 No. 32 s 7; 1969 No. 19 s 6; 1989 No. 103 s 3 sch When officer may voluntarily increase contribution s 22A ins 1960 9 Eliz 2 No. 39 s 8 amd 1964 No. 57 s 8; 1966 No. 32 s 8; 1969 No. 19 s 7 Power to board to exempt etc. from contributing s 23 amd 1972 No. 22 s 74(1) sch 2; 1975 No. 26 s 8; 1990 No. 23 s 2.5 Officer reduced in salary s 24 amd 1964 No. 57 s 9; 1966 No. 32 s 9; 1968 No. 59 s 6; 1972 No. 22 s 74(1) sch 2; 1976 No. 82 s 30; 1984 No. 14 s 48; 1987 No. 27 s 33; 1990 No. 23 s 2.6 Units of benefits to be contributed for in equal numbers s 25 amd 1968 No. 59 s 7; 1969 No. 19 s 8 Period for which contributions are to continue s 26 amd 1972 No. 22 s 74(1) sch 2; 1976 No. 82 s 31; 1978 No. 20 s 30; 1984 No. 14 s 49(1); 1987 No. 27 s 34; 1989 No. 54 s 15 Refund of excess contributions s 26A ins 1976 No. 82 s 32 Contributions according to scale graduated by age at commencement s 27 amd 1964 No. 57 s 10; 1966 No. 32 s 10; 1969 No. 19 s 9; 1972 No. 22 s 74(1) sch 2; 1988 No. 45 s 18 Division 3A—Reserve units of benefits div hdg ins 1968 No. 59 s 8 Contribution for reserve units s 27A ins 1968 No. 59 s 8 amd 1969 No. 19 s 10 When reserve units become ordinary units of benefits s 27B ins 1968 No. 59 s 8 Contributor may discontinue contribution for reserve units s 27C ins 1968 No. 59 s 9 amd 1972 No. 22 s 74(1) sch 2; 1987 No. 27 s 35; 1990 No. 23 s 2.7; 1991 No. 11 s 2.9(a)

147 Public Service Superannuation Act 1958 Benefits payable on reserve units s 27D ins 1968 No. 59 s 9 sub 1969 No. 19 s 11 amd 1972 No. 22 s 74(1) sch 2 Payment of lump sum on ceasing to contribute s 27E ins 1969 No. 19 s 11 amd 1972 No. 22 s 74(1) sch 2; 1984 No. 14 s 50; 1987 No. 27 s 36; 1991 No. 11 s 2.9(a) Amount of contribution by the Crown prov hdg amd 1991 No. 11 s 2.3(a) s 28 amd 1960 9 Eliz 2 No. 39 s 9; 1964 No. 57 s 11; 1966 No. 32 s 11; 1969 No. 19 s 12; 1972 No. 22 s 74(1) sch 2; 1974 No. 20 s 25; 1974 No. 66 s 15 sch 2; 1984 No. 14 s 50A; 1987 No. 27 s 37; 1991 No. 11 s 2.3(b)–(c) When entitlement to annuity benefit accrues s 29 amd 1974 No. 66 s 10; 1984 No. 14 s 51 Units of annuity benefit s 30 amd 1964 No. 57 s 12; 1966 No. 32 s 12; 1968 No. 59 s 10; 1974 No. 20 s 26; 1974 No. 66 s 11; 1976 No. 82 s 33; 1978 No. 20 s 31 When entitlement to incapacity benefit accrues s 31 amd 1964 No. 57 s 13; 1972 No. 22 s 74(1) sch 2; 1976 No. 82 s 34; 1984 No. 14 s 52 Units of incapacity benefit s 32 amd 1960 9 Eliz 2 No. 39 s 10; 1962 No. 31 s 3; 1964 No. 57 s 14; 1966 No. 32 s 13; 1968 No. 59 s 11; 1972 No. 22 s 74(1) sch 2; 1976 No. 82 s 35 Application to commute incapacity benefit s 32A ins 1984 No. 14 s 53 amd 1991 No. 11 ss 2.4, 2.9(a) Division 3—Assurance benefit div hdg sub 1985 No. 35 s 29 Entitlement to assurance benefit s 33 amd 1964 No. 57 s 15; 1969 No. 19 s 13; 1974 No. 66 s 12; 1978 No. 20 s 32; 1984 No. 14 s 54 sub 1985 No. 35 s 29 amd 1987 No. 27 s 38; 1987 No. 64 s 24 Apportionment of assurance benefit s 33A ins 1978 No. 20 s 33 om 1985 No. 35 s 29 Units of assurance benefit prov hdg sub 1978 No. 20 s 34 s 34 amd 1962 No. 31 s 4; 1964 No. 57 s 16; 1966 No. 32 s 14; 1968 No. 59 s 12; 1969 No. 19 s 14; 1974 No. 20 s 27; 1974 No. 66 ss 13, 15 sch 2;

148 Public Service Superannuation Act 1958 1976 No. 82 s 36; 1978 No. 20 s 34; 1984 No. 14 s 55 sub 1985 No. 35 s 29 Extent of assurance benefit s 34A ins 1969 No. 19 s 15 sub 1985 No. 35 s 29 Widow’s right to substitute pension for assurance benefit s 34B ins 1984 No. 14 s 56 sub 1985 No. 35 s 29 amd 1987 No. 64 s 24 Entitlement of widow of person on staff of agent-general s 34C ins 1985 No. 35 s 29 amd 1987 No. 64 s 24; 1991 No. 11 s 2.5 Children entitled to additional assurance benefit s 35 amd 1969 No. 19 s 16; 1976 No. 82 s 37; 1984 No. 14 s 57; 1991 No. 97 s 3 sch 2 Amount of additional assurance benefit s 36 amd 1962 No. 31 s 5; 1966 No. 32 s 15; 1968 No. 59 s 13; 1972 No. 22 s 74(1) sch 2; 1974 No. 20 s 28; 1974 No. 66 ss 14, 15 sch 2; 1976 No. 82 s 38; 1984 No. 14 s 58; 1987 No. 27 s 39; 1991 No. 97 s 3 sch 2 Endowment payment in lieu of units of assurance benefit s 37 amd 1966 No. 32 s 16; 1969 No. 19 s 17; 1972 No. 22 s 74(1) sch 2; 1974 No. 66 s 15 sch 2; 1978 No. 20 s 35 sub 1984 No. 14 s 59 amd 1991 No. 11 s 2.9(a) Refunds of annuity benefit contributions s 38 amd 1960 9 Eliz 2 No. 39 s 11; 1972 No. 22 s 74(1) sch 2; 1974 No. 66 s 15 sch 2; 1976 No. 82 s 39; 1984 No. 14 s 60; 1987 No. 27 s 40; 1990 No. 23 s 2.8; 1991 No. 11 s 2.9(a) Refunds of incapacity benefit contributions s 38A ins 1972 No. 22 s 74(3) amd 1974 No. 66 s 15 sch 2; 1987 No. 27 s 41; 1990 No. 23 s 2.9; 1991 No. 11 s 2.9(a) Refund of assurance benefit contributions s 39 amd 1972 No. 22 s 74(1) sch 2; 1974 No. 66 s 15 sch 2; 1978 No. 20 s 36 sub 1987 No. 27 s 42 amd 1990 No. 23 s 2.10; 1991 No. 11 s 2.9(a) Division 5A—Commutation of annuity benefit div hdg ins 1969 No. 19 s 18 Application to commute s 39A ins 1969 No. 19 s 18 amd 1972 No. 22 s 74(1) sch 2; 1974 No. 66 s 15 sch 2; 1976 No. 82 s 40; 1984 No. 14 s 61

149 Public Service Superannuation Act 1958 Persons not entitled to commute s 39B ins 1969 No. 19 s 18 amd 1972 No. 22 s 74(1) sch 2; 1974 No. 66 s 15 sch 2; 1975 No. 26 s 9; 1989 No. 103 s 3 sch; 1991 No. 11 s 2.6 Ascertainment of lump sum payable s 39C ins 1969 No. 19 s 18 amd 1974 No. 66 s 15 sch 2; 1976 No. 82 s 41; 1991 No. 11 s 2.9(b) Right to prepay contributions s 40 amd 1974 No. 66 s 15 sch 2; 1975 No. 26 s 10; 1987 No. 64 s 24; 1991 No. 11 s 2.9(a) Benefits payable for life except in case of children s 41 amd 1966 No. 32 s 17; 1969 No. 19 s 19 Increases in rates of benefits s 43A ins 1969 No. 19 s 20 amd 1974 No. 20 s 29(1) Adjustment of pensions s 43B ins 1974 No. 20 s 30(1) amd 1976 No. 82 s 42; 1984 No. 14 s 62 Adjustment of pension where entitlement follows a former entitlement s 43C ins 1974 No. 20 s 30(1) amd 1976 No. 82 s 43 Further adjustment of pensions s 43CA ins 1987 No. 27 s 43 Variation of entitlement to adjustment s 43D ins 1984 No. 14 s 63 amd 1987 No. 27 s 44 Entitlement to receive incapacity benefit s 43E ins 1984 No. 14 s 64 amd 1987 No. 27 s 45; 1988 No. 45 s 19; 1991 No. 11 s 2.9(a) Enlargement of benefits to level of benefits under 1972 Act s 43F ins 1987 No. 27 s 46 Proof of continued incapacity s 44 amd 1984 No. 14 s 65 Incapacity beneficiary restored to health may be recalled to service s 45 amd 1964 No. 57 s 17; 1972 No. 22 s 74(1) sch 2; 1976 No. 82 s 44; 1984 No. 14 s 66; 1987 No. 27 s 47; 1990 No. 23 s 2.11; 1991 No. 11 s 2.9(a) Contribution by retired incapacity beneficiaries upon re-employment s 46 amd 1969 No. 19 s 21 Postponement of payment of refunds s 47 sub 1960 9 Eliz 2 No. 39 s 12; 1987 No. 27 s 48 amd 1987 No. 64 s 24; 1988 No. 45 s 20; 1991 No. 11 s 2.7(a)–(c), (d); 1995 No. 58 s 4 sch 1

150 Public Service Superannuation Act 1958 Division 7—Elections to surrender potential widows’ entitlements of pre-1984 members and married widows’ entitlements div 7 (ss 48–48F) ins 1995 No. 53 s 10 exp 22 November 1996 (see s 48F) AIA, s 20A applies (see s 48E) Officer to make equivalent contribution for annuity benefits s 51 amd 1965 No. 61 s 11 sch 2 Surrender of excess units of annuity benefit s 52 amd 1991 No. 11 s 2.9(a) Election with respect to contribution s 54 amd 1965 No. 61 s 11 sch 2 Annuity benefit s 55 amd 1964 No. 57 s 18; 1966 No. 32 s 18; 1968 No. 59 s 15; 1974 No. 66 s 15 sch 2; 1976 No. 82 s 45 Incapacity benefit s 56 amd 1964 No. 57 s 19; 1966 No. 32 s 19; 1968 No. 59 s 16; 1976 No. 82 s 46 Contribution for assurance benefit under the repealed Act s 57 amd 1974 No. 66 s 15 sch 2; 1991 No. 11 s 2.9(a) Payment of assurance benefit under the repealed Act s 58 amd 1991 No. 11 s 2.9(a) Not entitled to contribute for benefits under this Act s 59 amd 1991 No. 11 s 2.9(a) Annuity benefit s 60 amd 1966 No. 32 s 20; 1968 No. 59 s 17; 1991 No. 11 s 2.9(a) Incapacity benefit s 61 amd 1966 No. 32 s 21; 1968 No. 59 s 18; 1991 No. 11 s 2.9(a) Incapacity allowance s 64 amd 1966 No. 32 s 22; 1968 No. 59 s 19 Annuity and assurance benefits s 65 amd 1966 No. 32 s 23; 1968 No. 59 s 20; 1991 No. 11 s 2.9(a) Election to convert annuity benefit s 68 amd 1966 No. 32 s 24; 1968 No. 59 s 21 When Crown to make payments s 69 amd 1960 9 Eliz 2 No. 39 s 13; 1966 No. 32 s 25; 1968 No. 59 s 22; 1972 No. 22 s 74(1) sch 2; 1991 No. 11 s 2.9(a) Benefits which may be commuted s 71 amd 1964 No. 57 s 20; 1966 No. 32 s 26; 1968 No. 59 s 23 PART 5A—VOLUNTARY CONTRIBUTION FOR ANNUITY BENEFIT pt hdg ins 1960 9 Eliz 2 No. 39 s 14

151 Public Service Superannuation Act 1958 Application of this part s 73A ins 1960 9 Eliz 2 No. 39 s 14 Voluntary contribution for annuity benefit or further annuity benefit s 73B ins 1960 9 Eliz 2 No. 39 s 14 amd 1964 No. 57 s 21; 1972 No. 22 s 74(1) sch 2; 1974 No. 66 s 15 sch 2; 1984 No. 14 s 67; 1987 No. 27 s 49; 1991 No. 11 s 2.9(a) Annuity to widow s 73C ins 1960 9 Eliz 2 No. 39 s 14 amd 1964 No. 57 s 22; 1976 No. 82 s 47 When limited contributor may become full contributor s 73D ins 1962 No. 31 s 6 amd 1964 No. 57 s 23 Assignment of benefits s 74 amd 1976 No. 82 s 48; 1991 No. 11 s 2.9(c) Recovery of overpayments s 74A ins 1976 No. 82 s 49 University of Queensland s 75 amd 1960 9 Eliz 2 No. 39 s 15 om 1995 No. 27 s 34 When temporary employee and others may elect s 75A ins 1964 No. 57 s 24 When officer may continue to contribute after resignation s 76 amd 1964 No. 57 s 25; 1966 No. 32 s 27; 1968 No. 59 s 24; 1976 No. 82 s 50 When fund charged with defalcations by contributors s 77 amd 1991 No. 11 s 2.9(a) Entitlement to superannuation benefits on voluntary resignation at or after age 60 prov hdg amd 1987 No. 64 s 20; 1991 No. 11 s 2.9 s 77A ins 1965 No. 53 s 2 amd 1969 No. 19 s 22; 1972 No. 22 s 74(1) sch 2; 1974 No. 20 s 31; 1974 No. 66 s 15 sch 2; 1985 No. 35 s 31; 1991 No. 11 s 2.9(a); 1995 No. 58 s 4 sch 1 Benefits upon retirement before age 60 s 77B ins 1987 No. 64 s 21 amd 1991 No. 11 ss 2.4, 2.9(a); 1995 No. 58 s 4 sch 1 Benefits upon retrenchment, involuntary termination etc. s 77C ins 1988 No. 45 s 21 sub 1990 No. 23 s 2.12 Recoupment of contributions s 77D ins 1990 No. 23 s 2.13

152 Public Service Superannuation Act 1958 Requirements as respects medical examinations s 79A ins 1960 9 Eliz 2 No. 39 s 16 amd 1984 No. 14 s 68 Settlement of disputes s 80 om 1995 No. 27 s 35 Unclaimed moneys s 81 om 1972 No. 22 s 74(2) Fund to be exempt from taxation s 83 amd 1991 No. 11 s 2.9(c) Audit s 84 amd 1991 No. 97 s 3 sch 2 Governor in Council may authorise additional payment to beneficiaries s 85 amd 1960 9 Eliz 2 No. 39 s 17; 1966 No. 32 s 28; 1968 No. 59 s 25; 1991 No. 11 s 2.9(a) Information to contributors s 85A ins 1990 No. 23 s 2.14 amd 1991 No. 11 s 2.9(a); R1 (see RA s 37) Mandatory commutation s 85B ins 1991 No. 11 s 2.8 om 1995 No. 27 s 36 Regulation making power s 86 amd 1964 No. 21 s 8; 1964 No. 57 s 26; 1966 No. 32 s 29 sub 1995 No. 27 s 36 Board may approve forms s 87 sub 1995 No. 27 s 36 SCHEDULE 1—SCALE OF UNITS OF BENEFITS sub 1960 9 Eliz 2 No. 39 s 18(3) amd 1962 No. 31 s 7 sub 1964 No. 57 s 27; 1966 No. 32 s 30; 1968 No. 59 s 26; 1969 No. 19 s 23; 1976 No. 82 s 51 SCHEDULE 2 sub 1966 No. 32 s 31 SCHEDULE 2A ins 1969 No. 19 s 24 SCHEDULE 3 ins 1964 No. 21 s 9 om R1 (see RA s 39) SCHEDULE 4—VALUE PER UNIT OF ASSURANCE IN RESPECT OF CONTRIBUTORS WHO DIE BEFORE AGE 60 sch hdg amd 1987 No. 27 s 50 ins 1985 No. 35 s 32 amd 1987 No. 27 s 50

153 Public Service Superannuation Act 1958 SCHEDULE 4A—VALUE PER UNIT OF ASSURANCE IN RESPECT OF CONTRIBUTORS WHO DIE AT AGE 60 OR BETWEEN AGES 60 AND 65 sch hdg amd 1987 No. 27 s 50 ins 1985 No. 35 s 32 amd 1987 No. 27 s 50 SCHEDULE 4B—FACTORS FOR WIDOWS OF PENSIONERS ins 1985 No. 35 s 32 SCHEDULE 5 ins 1987 No. 64 s 22 SCHEDULE 6 ins 1987 No. 64 s 23 ´ 6 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision consolidated revenue fund (hospitals) board (established under Hospitals Act 1936) member (of the police force) railways department consolidated fund (regional health) authority (established under Health ServicesAct 1991) police officer Queensland Rail Financial Administration and Audit Act 1977 s 112 Health Services Act 1991 s 8.2 Police Service AdministrationAct 1990 s 11.1(1)(c) (see also s 1.4) Transport Infrastructure Act1994 s 252

154 Public Service Superannuation Act 1958 ´ 7 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Hospitals Act 1936 Railways Act 1914 Workers’ Compensation Act 1916 Health Services Act1991 TransportInfrastructure Act1994 Workers’Compensation Act1990 — Transport Infrastructure Act1994 s 249 Workers’ Compensation Act1990 s 11.13 ´ 8 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context references included in citation of law references to Queensland implied Acts Interpretation Act 1954 s 32A Acts Interpretation Act 1954 s 14H Acts Interpretation Act 1954 s 35 ´ 9 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 34A(2) 48C(1) schedule 6, part 2 omit ‘of division 14’ insert ‘or division 14’ put paragraphs into correct alphabetical order omit ‘3’ second occurring insert ‘4’

155 Public Service Superannuation Act 1958 ´ 10 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 19(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 19(1A) 19(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 19(1B) 19(1), 4th sentence . . . . . . . . . . . . . . . . . . . . . . . 19(1C) 20(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20(2) 20(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20(2A) 20(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20(3) 20(3)(a), 2nd sentence . . . . . . . . . . . . . . . . . . . . 20(3A) 20(3)(a), 3rd sentence . . . . . . . . . . . . . . . . . . . . 20(3B) 20(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20(3C) 20(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20(3D) 20(3)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20(3E) 21(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 21(3) 22(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22(3) 22(3)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22(3)(a) 22(3)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22(3)(b) 22(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22(3A) 22(4)(c), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 22(4)(ca) 22(5), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 22(5A) 23(5)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(5) 23(5)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(6) 23(5)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(7) 23(5)(c)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(7)(a) 23(5)(c)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(7)(b) 24, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 24(1) 24, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 24(2) 24, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 24(3) 25, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 25(1) 25, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 25(2) 26(1), 1st unnum para . . . . . . . . . . . . . . . . . . . . . 26(1)(a) 26(1), 2nd unnum para . . . . . . . . . . . . . . . . . . . . 26(1)(b) 26(1), 3rd unnum para . . . . . . . . . . . . . . . . . . . . 26(1)(c) 26(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 26(4) 27(2)(a) from ‘in the case of male officers’ . . 27(2)(a)(i) 27(2)(a) from ‘in the case of female officers’ . 27(2)(a)(ii) 27(4)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27(4)(a) 27(4)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27(4)(b) 27(6), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 27(7) 27A(4)(a)(i), 1st unnum para . . . . . . . . . . . . . . 27A(4)(a)(i)(A) 27A(4)(a)(i), 2nd unnum para . . . . . . . . . . . . . . 27A(4)(a)(i)(B)

156 Public Service Superannuation Act 1958 27D, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 27D(1) 27D, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . 27D(2) 27E(1) from ‘in the case of a male contributor’ 27E(1)(d) 27E(1) from ‘in the case of a contributor’ . . . . . 27E(1)(e) 28(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 28(1A) 29(2)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29(2)(a) 29(2)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29(2)(b) 29(2)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29(2)(c) 29(2)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29(2)(d) 30(3), from ‘where’ . . . . . . . . . . . . . . . . . . . . . . . 30(3A) 31(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 31(4) 34B(3), 1st unnum para . . . . . . . . . . . . . . . . . . . 34B(3)(a) 34B(3), 2nd unnum para . . . . . . . . . . . . . . . . . . . 34B(3)(b) 34B(3), 3rd unnum para . . . . . . . . . . . . . . . . . . . 34B(3)(c) 34B(6), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 34B(7) 34B(6), 2nd sentence, 1st unnum para . . . . . . . 34B(7)(a) 34B(6), 2nd sentence, 2nd unnum para . . . . . . 34B(7)(b) 36(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 36(1A) 36(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 36(2A) 38(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 38(1A) 38(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 38(2A) 39, 1st unnum para . . . . . . . . . . . . . . . . . . . . . . . 39(a) 39, 2nd unnum para . . . . . . . . . . . . . . . . . . . . . . . 39(b) 39, 3rd unnum para . . . . . . . . . . . . . . . . . . . . . . . 39(c) 43A(2), from ‘where’ . . . . . . . . . . . . . . . . . . . . . 43A(2A) 43B(8), from ‘where’ . . . . . . . . . . . . . . . . . . . . . 43B(8A) 43C, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 43C(1) 43C, from ‘where’ . . . . . . . . . . . . . . . . . . . . . . . . 43C(2) 43D(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 43D(2A) 43D(2), 3rd sentence . . . . . . . . . . . . . . . . . . . . . 43D(2B) 44, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 44(1) 44, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 44(2) 45(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 45(2A) 45(4)(a), 1st unnum para . . . . . . . . . . . . . . . . . . 45(4)(a)(i) 45(4)(a), 2nd unnum para . . . . . . . . . . . . . . . . . 45(4)(a)(ii) 45(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 45(5) 47(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 47(5) 50, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 50(1) 50, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 50(2) 51(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 51(4A) 51(5), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 51(5A) 51(5), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 51(5B) 52, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 52(1) 52, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 52(2) 53(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 53(4A) 54(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 54(1A)

157 Public Service Superannuation Act 1958 54(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 54(1B) 54(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 54(2A) 54(2), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 54(2B) 54(2), 4th sentence . . . . . . . . . . . . . . . . . . . . . . . 54(2C) 57(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 57(3A) 57(6)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57(6) 57(6)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57(7) 57(6)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57(8) 61(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61(4) 61(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61(4A) 61(4)(b), 2nd sentence . . . . . . . . . . . . . . . . . . . . 61(4B) 63, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 63(1) 63, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 63(2) 64(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 64(2A) 65(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 65(3) 66, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 66(1) 66, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 66(2) 67(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67(f) 67(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67(g) 67(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67(h) 68(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 68(1A) 72(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 72(1A) 73A(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73A(2), def “officer” 73A(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73A(2), def “further annuity benefit” 73C(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 73(1A) 73D, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 73D(1) 73D, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73D(2) 75A(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 75A(3) 76(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 76(1A) 76(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 76(1B) 76(2), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 76(3) 77A(1)(a), 1st unnum para . . . . . . . . . . . . . . . . . 77A(1)(a)(i) 77A(1)(a), 2nd unnum para . . . . . . . . . . . . . . . . 77A(1)(a)(ii) 77A(1)(a), 3rd unnum para . . . . . . . . . . . . . . . . 77A(1)(a)(iii) 77A(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77A(2A) 77A(2), 2nd sentence, 1st unnum para . . . . . . . 77A(2A)(a) 77A(2), 2nd sentence, 2nd unnum para . . . . . . 77A(2A)(b) 77A(2), 2nd sentence, 3rd unnum para . . . . . . . 77A(2A)(c) 77A(5), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77A(6) 77A(5), 3rd sentence . . . . . . . . . . . . . . . . . . . . . 77A(6A) 77A(7), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77A(7A) 77A(8), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77A(8A) 77A(8), 3rd sentence . . . . . . . . . . . . . . . . . . . . . 77A(8B) 77A(8), 4th sentence . . . . . . . . . . . . . . . . . . . . . 77A(8C)

158 Public Service Superannuation Act 1958 77A(8), 5th sentence . . . . . . . . . . . . . . . . . . . . . 77A(8D) 77A(9), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77A(9A) 77B(2), from ‘where’ . . . . . . . . . . . . . . . . . . . . . 77B(2A) 77B(2), def “B” (i) . . . . . . . . . . . . . . . . . . . . . . . 77B(2A)(a) 77B(2), def “B” (ii) . . . . . . . . . . . . . . . . . . . . . . 77B(2A)(b) 77B(3), 1st unnum para . . . . . . . . . . . . . . . . . . . 77B(3)(a) 77B(3), 2nd unnum para . . . . . . . . . . . . . . . . . . . 77B(3)(b) 77B(3), 3rd unnum para . . . . . . . . . . . . . . . . . . . 77B(3)(c) 77B(5), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77B(6) 77B(5), 3rd sentence . . . . . . . . . . . . . . . . . . . . . 77B(6A) 77B(7), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 77B(7A) 77C, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 77C(1) 77C, from ‘where’ . . . . . . . . . . . . . . . . . . . . . . . . 77C(2) 77D(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77D(a) 77D(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77D(b) 77D(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77D(c) 77D(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77D(d) 79A, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 79A(1) 79A, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79A(2) 80(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 80(1A) 80(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 80(3A) 80(3), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 80(3B) 80(6)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80(6) 80(6)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80(7) 85(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 85(1A) ´ 11 Transitional and savings provisions State Service Superannuation Act 1972 No. 22 s 73 provides— Application of Act 7 Eliz 2 No. 73 73.(1) The Public Service Superannuation Act 1958–1969 (in this section called the “said Act”) shall apply subject to this section. (2) The said Act does not apply to or in relation to— (a) a person who becomes an officer on or after the commencement of this Act; (b) a person who became an officer before the said commencement and who had not become a contributor to the Fund under the said Act before that commencement (not being an officer who had elected, or was required, to contribute to the Fund but had not commenced his contribution before that commencement); or

159 Public Service Superannuation Act 1958 (c) the widow or any child of any person referred to in paragraph (a) or (b). (3) Subject to subsection (5), no person shall be entitled or required or permitted to contribute for units of benefits under the said Act other than— (a) the units of benefits for which the person was contributing immediately before the commencement of this Act; (b) units of benefits for which the person was before the commencement of this Act required to contribute to the Fund by reason of an increase of his salary but for which on the said commencement he had not commenced to contribute; and (c) units of benefits in respect of which, being thereunto authorized or entitled under the said Act before the commencement of this Act, the person makes or has made an election (whether before or after the commencement of this Act) within the time prescribed, before the said commencement but for which on the said commencement he had not commenced to contribute. (4) Nothing in this section precludes the Board from exercising its powers and functions under the said Act in relation to contribution by an officer for units of benefits under the said Act to which paragraph (b) or (c) of subsection (3) or subsection (5) relates. (5) At any time before the expiration of a period of six months commencing on the commencement of this Act, a continuing contributor may make any election under and in accordance with section 22A of the said Act that he was eligible to make immediately before the commencement of this Act and subject to the said section he may increase his contribution to the Fund accordingly. (6) Where the time prescribed by the said Act not later than which an officer may make an election under section 22 thereof in respect of units of benefits expired on the day immediately before the commencement of this Act, such units of benefits shall be deemed to be units of benefits in respect whereof a continuing contributor may make an election pursuant to subsection (5). (7) The obligation to contribute to the Fund under the said Act by a contributing contributor shall be in respect of— (a) the units of benefits and other benefits for which he was

160 Public Service Superannuation Act 1958 contributing under the said Act immediately before the commencement of this Act; (b) units of benefits referred to in paragraph (b) or (c) of subsection (3) for which he commences to contribute under the said Act after the commencement of this Act; and (c) the units of benefits under the said Act in respect whereof the contributor increases his contribution to the Fund pursuant to subsection (5), and shall, subject to the said Act, be at the rates of contribution prescribed therefor by the said Act immediately before the commencement of this Act. Superannuation(PublicEmployeesPortabilityandActsAmendment)Act1985 No. 35 s 30 provides— Preservation of existing entitlements 30. Entitlements that have arisen under the Principal Act shall continue to be governed by the Principal Act as if sections 33, 33A, 34 34A and 34B of that Act had not been repealed by this Act and, in addition, in the application of section 34B of that Act to any such entitlement, as if the following subsection had been added to section 34B:— “(6) Where an entitlement to a widow’s assurance benefit had by reason of the death of a contributor or pensioner has ceased after the commencement of the SuperannuationActsAmendmentAct1984 and revived as prescribed by section 33, this section does not apply in respect of the entitlement, upon its revival, derived through the same contributor or pensioner. ”.

161 Public Service Superannuation Act 1958 ´ 12 Provisions that have not commenced and are not incorporated into reprint Superannuation(MiscellaneousActs)AmendmentAct1991 No. 11 ss 2.3, 2.7(a)–(c), 2.9 read as follows— Amendment of s. 28. Amount of contribution by the Crown 2.3 Section 28 of the Principal Act is amended by— (a) in the note appearing in and at the beginning of the section omitting “Amount of contribution” and substituting “Payment” ; (b) in subsection (1), omitting “, paid from the Fund,” and “so made” (where twice occurring); (c) in subsection (2), omitting “contribution of” and substituting “payment by”. Amendment of s. 47. Postponement of payment of refunds 2.7 Section 47 of the Principal Act is amended by— a) in subsection (1), omitting “from the Fund”; (b) in subsection (2), omitting “in the Fund”; (c) in subsection (3), omitting “in the Fund” (where twice occurring); Miscellaneous amendments 2.9 The Principal Act is amended by— (a) in the following sections, omitting the words “from the Fund” wherever they occur:— 19(1) 27C(1) 27E(3) 32A(4) 37(a) and (b) 38(1) 43E 45(3) (twice occurring) 45(4) 52 57(3) (twice occurring) 57(4) 65(1) 69(1), (2) and (4) 73B(7) 77 77A(1a), (1b) and (4) 77A(9) (twice

162 Public Service Superannuation Act 1958 occurring) 77B(1) 85(1) (twice occurring) 85(2) 85A(1); 38(2) (twice occurring) 38A 39 40(2) and (3) 58(1) 59(1) 60(1) and (2) 61(1), (2) and (4)(a) (b) in section 39C(6), omitting “which shall be paid from the Fund”; (c) in sections 74 and 83(2), omitting “out of the Fund”. Superannuation Legislation Amendment Act 1995 No. 27 s 35 reads as follows— Omission of s 80 (Settlement of disputes) 35. Section 80— omit .