Public Service Superannuation Act Amendment Act of 1960 (9 Eliz Ii No. 39) (Qld)

240 (^uccitsfattb ANNO NONO ELIZABETHAE SECUNDAE REGIME. No. 39. An Act to Amend "The Public Service SuperannuationAct of 1958/' in certain particulars. [A ssented to 14 th D ecember , I960.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1 . ( 1 .) This Act may be cited as “ The Public Service Superannuation Act Amendment Act of 1960.” Principal Act. Collective title. ( 2 .) “ The Public Service Superannuation Act of 1958,” is in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Public Service Superannuation Acte, 1958 to 1960.”

1960. Public Service Superannuation, Etc., Act. 241 2. Section two of the Principal Act is amended by Amendment inserting, before the numerals and words “ P art VI.— 0 8‘ ' M iscellaneous ,” the numeral, letter and words “ P art V a —V oluntary C ontribution for A nnuity B enefit .” 3. Section four of the Principal Act is amended by, Amendment in the definition “Officer”, repealing the second rf8,4‘ paragraph (being ail words from and including the words “ The term includes ” to and including the words “ under this Act ”, appearing at the end of subparagraph (c)) and inserting, in lieu of that repealed paragraph, the following paragraph:— “ The term includes any person employed by the University of Queensland in a permanent capacity who, pursuant to an Order in Council made under section seventy-five of this Act, or the Order in Council dated the nineteenth day of April, one thousand nine hundred and twenty-eight, made under the corresponding provisions of the repealed Acts, is at the date of the passing of “ The Public Service Superannuation Act Amendment Ad of 1960,” or on a date thereafter becomes, a contributor under this Act to the Fund.” 4. Subsection one of section ten of the Principal Amendments Act is amended— ®f 10 (a) By repealing the words “ In the ease of ” and inserting, in lieu of those repealed words, the words “ In respect of ” ; and (b) By inserting after the words “ for the member during ” the words “ all occasions of ”. 5. Section eighteen of the Principal Act is Amendments amended— of s-18* (a) By, in subsection two, repealing the words “ the Crown and ” ; and (b) By adding to subsection five the following paragraph:— “ Such interest shall be payable out of the Consolidated Revenue Fund which, in respect of the financial year commenced on the first day of July, one thousand nine hundred and sixty, and every financial year thereafter, is hereby appropriated accordingly.”

242 Public Service Superannuation, Etc., Act. 9 E liz . II. No. 39, New s. 19 a 6* The Principal Act is amended by inserting after inserted. section nineteen thereof the following section:— “The Public Service Super­ annuation Additional Benefits Fund” “ [29 a .] (1.) This section applies in respect of the financial year commenced on the first day of July, one thousand nine hundred and sixty, and every financial year thereafter. (2.) The Fund called “The Public Service Superannuation Additional Benefits Fund ” as established in the Treasury immediately prior to the enactment of this section is hereby continued in existence and established in the Treasury under this Act. (3.) The Treasurer shall pay into such Fund in respect of each financial year such sum as the actuary appointed pursuant to this Act certifies from time to time to be necessary in order to make proper provision for payment out of such Fund of all sums payable by the Crown under sections twenty-eight, sixty-nine, or eighty-five of this Act in respect of all contributors and persons other than those mentioned in subsection four of this section. Payments to be made under this section by the Treasurer into such Fund shall be made from the Consolidated Revenue Fund (exclusive of the moneys standing to the credit of the Loan Fund Account) which is hereby appropriated accordingly. (4.) In respect of any period of time during which the salary of any contributor is payable from the Loan Fund Account or any of the Trust and Special Funds, the Treasurer shall cause to be paid monthly from such Account or Fund and, in respect of any contributor employed by the University of Queensland, such University shall cause to be paid monthly into The Public Service Superannu%tion Additional Benefits Fund an amount equal to—- (a) One and one-half times the monthly rate of contribution paid by such contributor to the Public Service Superannuation Fund; or (b) Such greater or lesser amount as the actuary appointed pursuant to this Act certifies from time to time to be necessary to make proper provision for payment out of the Account or Fund in question or by the University of Queensland of all sums payable

1960. Public Service Superannuation, Etc., Act. 243 by the Crown under sections twenty-eight, sixty-nine, or eighty-five of this Act in respect of every contributor or person whose salary when (whether before or after the enactment of this subsection) he or she ceased employment as an officer, or retired from the employment in relation to which he or she contributed for benefit under the repealed Acts, was payable from the Loan Fund Account or any of the Trust and Special Funds, or who was an employee of the University of Queensland. (5.) The Treasurer shall cause to be paid out of The Public Service Superannuation Additional Benefits Fund all sums payable by the Crown under sections twenty-eight, sixty-nine, or eighty-five of this Act. (6.) Payment from “ The Public Service Superannuation Additional Benefits Fund ” of the amount or proportion prescribed by sections twenty-eight, sixty-nine, or eighty-five of this Act to be payable by the Crown of any payment from The Public Service Superannuation Fund mentioned in the said sections twenty-eight, sixty-nine, or eighty-five shall be deemed to be payment of such amount or proportion from The Public Service Superannuation Fund and accordingly shall be a lawful and sufficient compliance with any provision of this Act requiring such amount or proportion to be paid from The Public Service Superannuation Fund.” 7. Subsection two of section twenty of the Principal Aofmse. n2d0m( 2e) n.t Act is amended by repealing paragraph ( b) and inserting, in lieu of that repealed paragraph, the following paragraph:— “ ( b) In the case of an officer to whom paragraph (a) of this subsection does not apply, the prescribed date shall be the first day of the month next after the date when the Board accepts him as a contributor.” 8 . The Principal Act is amended by inserting iNnesewrtse,d 2 . 2 a after section twenty-two the following section:— “ [22 a .] (J.) Any officer who is not contributing When officer to the Fund for units of benefits to the number thereof vmoaluyntarily specified in the applicable scale contained in Schedule I. increase his contribution.

244 Public Service Superannuation, Etc., Act. 9 E liz . II. No. 39, to this Act 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. (2.) Such an election may be to contribute for any further number of units of benefits up to, but not exceeding, the difference between— (а) The number thereof specified in the said scale opposite to the salary group in which the salary of the officer making the election falls; and ( б ) 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, his 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 he is a contributor or, as the case may be, would become a contributor pursuant to such election. (3.) Unless exempted by the Board therefrom an officer shall, before at any time increasing the amount of his 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 his being then accepted as a contributor. (5.) Any increased contribution under this section shall, subject to subsection four of this section, be payable as from the first day of the month next after the date when the Board accepts as a contributor under this section the officer making the election.” . Amendments 9. Section twenty-eight of the Principal Act is ° 8‘ ‘ amended— (а) By, in subsection one, repealing the brackets and numeral “ ( 1 ) ” and the words “ to the Fund ” ; and ( б ) By repealing subsection two.

1960. Public Service Superannuation, Etc., Act. 245 10. Subsection two of section thirty-two of the Principal Act is amended by repealing the words “ ten ° 8' years ” and inserting, in lieu of those repealed words, the words “ five years ' 11. Subsection one of section thirty-eight of the ^Peggmj”t Principal Act is amended by inserting before the words 0 8* (*' “ This subsection ”, where appearing at the beginning of the second paragraph, the words “ Save as prescribed by subsection seven of section 73 b of this Act,”. 12. The Principal Act is amended by repealing section forty-seven and inserting, in lieu of that repealed “ 47 “*"* section, the following section:— “ [47.] (7.) Every person who on or after the Medical twenty-fourth day of November, one thousand nine tions of hundred and fifty-eight, becomes an officer shall, before officers, contributing to the Fund, be medically examined by a medical practitioner. (2.) A person referred to in subsection one of this section shall not contribute to the Fund if the Board is not satisfied, after considering the report of the medical practitioner, that the health and physical condition of that person are such as to justify his being accepted as a contributor.” 13. Section sixty-nine of the Principal Act is Amendments amended— ’ " (a) By repealing the words “ to the Fund ” wheresoever those words appear in subsections one, two, three and four ; and (b) By repealing subsection five. 14. The Principal Act is amended by inserting £^note after section seventy-three the following headnote and 73 a , sections :— 73 b , and 73 c . inserted. “ P art V a .—V oluntary C ontribution for A nnuity B enefit . [73 a .] (1.) This Part applies to any and every Application officer— of th,s part‘ (a) With respect to whom the Board is not satisfied, whether pursuant to the provisions of this Act or the corresponding provisions of the repealed Acts, that the health and physical condition of such officer are such as to justify his being accepted as a contributor; or

246 Public Service Superannuation, Etc., Act. 9 E liz . II. No. 39, (b) Who, being an officer to whom section sixty- seven of this Act applies, or pursuant to the corresponding provisions of the repealed Acts, has failed to produce evidence of good health satisfactory to the Board and has not been exempted from so doing by the Board. (2.) In this Part— (а) The term “ officer ” means an officer to whom this Part applies; and ( б ) The expression “ further annuity benefit ” means any units of annuity benefit in excess of the aggregate of three units of annuity benefit under this Act for each unit of annuity benefit under the repealed Acts for which an officer to whom Part V. of this Act applies was contributing. Voiuntaiy [73 b .] (1 .) Any officer, contribution by whom to w the Fund is prohibited or limited under this Act, or the beneatw repealed Acts, notwithstanding such prohibition or limitation but subject to this Part,— benefit- (a) May elect to contribute to the Fund for annuity benefit or further annuity benefit under this Act ; and ( 6 ) If he so elects, may become such a contributor in accordance with his election. (2.) Such an election may be to contribute for annuity benefit or further annuity benefit not exceeding the total number of units thereof for which the officer concerned would be entitled or required or permitted to contribute save for the prohibition or limitation imposed in his case under this Act or the repealed Acts. (3.) An officer thereunto electing shall contribute to the Fund in accordance with his election as from the first day of the month next after the date upon which the Board receives notification, in writing, of his election and thereafter until he or she attains the age of sixty-five years or his or her employment as an officer is sooner terminated by death, resignation or otherwise.

1960. Public Service Superannuation, Etc., Act. (4.) With respect to annuity benefit, the provisions, save of subsections three and four, of section 22 a of this Act apply to an officer who has elected under this Part to contribute to the Fund for annuity benefit or further annuity benefit. (5.) Subsection two of section twenty-six of this Act shall not apply to contributions payable by an officer to the Fund pursuant to his or her election under this Part and accordingly such contribution shall not be suspended during any period of sick leave. (6.) With respect to an officer to whom both this Part and Part V. apply, subsection five of section fifty-one of this Act shall apply if, but only if, such officer notifies in writing the Board of his or her election within three months after the date of the passing of “ The Public Service Superannuation Act Amendment Act of 1960.” (7.) In the case of any officer who, by reason of incapacity, is retired from employment as an officer before attaining the age of sixty-five years, section twenty-nine of this Act does not apply with respect to any annuity benefit or further annuity benefit for which such officer shall have elected under this section to contribute unless such 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 contributions in advance, until he or she attains the age of sixty-five years, it being hereby declared that any such officer may so continue. If any such officer notifies the Board in writing of his intention to discontinue, or fails to continue, such contribution, subsection one of section thirty-eight of this Act shall apply with respect to the annuity benefit or further annuity benefit for which he shall have contributed pursuant to his election under this section. (8.) The provisions of this Act, other than this Part, applicable with respect to contributions, benefits and payments in respect of annuity benefit thereunder shall, subject to this Part, apply with respect to contributions, benefits and payments in respect of annuity benefit or further annuity benefit contributed for by any officer as prescribed by this Part. 247

248 Public Service Superannuation, Etc., Act. 9 E liz . II. No. 39, Annuity to widow. [73c.] (1.) An officer who contributes under this Part for annuity benefit or further annuity benefit until he attains the age of sixty-five years may, within three months after attaining such age, apply to the Board to convert into annuities payable respectively to himself during his lifetime and upon his death to his widow during her lifetime such annuity benefit or further annuity benefit. Such officer may apply to have included in such conversion any assurance benefit under the repealed Acts whereto he is entitled. (2.) The widow of any officer shall not be paid annuity benefit pursuant to this section unless her marriage to him took place before he attained the age of sixty-five years. (3.) The annuity benefit payable to the widow pursuant to the conversion under this section shall be one-half that payable to the applicant, and the actuarial value at the date of conversion as determined by the actuary and approved by the Board of the respective annual amounts of those annuities shall be equivalent to the equivalent value at the date of conversion of the benefit or further benefit contributed for under this Part and of the assurance benefit under the repealed Acts, if any, which have been converted.” Aofms.en7d5m. ents amen1d5e.d Sbeyc—tion seventy-five of the Principal Act is (а) Repealing in subsection one the words “, upon the recommendation of the Board made with the consent of the Senate of the University of Queensland,” ; ( б ) Repealing in subsection two the words “ shall be deemed to be an officer and ” ; and (c) Adding the following subsection :— “ (3.) The Governor in Council may revoke or from time to time amend, alter or otherwise modify any Order in Council under this section, including the Order in Council under the corresponding provisions of the repealed Acts made on the nineteenth day of April, one thousand nine hundred and twenty-eight, and

1960. Public Service Superannuation, Etc., Act. 249 published in the Gazette of the twenty-first day of April, one thousand nine hundred and twenty-eight, but no such revocation, amendment, alteration or modification of any such Order in Council shall affect the rights as a contributor of any person who is contributing under this Act to the Fund pursuant to the Order in Council in question at the date of the revocation, amendment, alteration or modification otherwise thereof.” 16. The Principal Act is amended by inserting New s. 7» a after section seventy-nine the following section :— inserted. “ [/P a .] Notwithstanding anything to the contrary Require- contained in this Act, where any person, officer or /*> contributor is required by or under this Act— medica? (a) To be medically examined by a medical ®^una' practitioner; or " (b) To produce any medical evidence, then a medical examination is to be made by, or, as the case requires, medical evidence is to be obtained from, such medical practitioner as the Board may appoint in that behalf (whether by naming the medical practitioner or by reference to the holder for the time being of any office), and a report of the medical examination or, as the case may be, the medical evidence is to be furnished by the medical practitioner or holder of the office to the Board or, if the Board so specifies, then to the person or authority specified: Provided that where permitted by this Act and without derogating from the Board’s discretion to accept or to refuse to accept the result of that further medical examination or that further medical evidence, the person, officer or contributor may have a further medical examination made or, as the case requires, further medical evidence obtained from some other medical practitioner.” 17. Section eighty-five of the Principal Act is ^e^nenta amended— os.. (а) By, in subsection two, repealing the words “ to the Fund ” ; and ( б ) By repealing subsection three.

250 Public Service Superannuation, Etc., Act. 9 E liz . II. No. 39, Commence. 10 . ( 1 .) This section shall come into operation on meni. the first day of July, one thousand nine hundred and sixty-one. Salaries annum. (2.) For the purposes of contributions in accordance witb. the applicable scale contained in Schedule I. to the Principal Act as inserted by this section, the salary of every officer who is a contributor on the first day of July, one thousand nine hundred and sixty-one, and whose annual salary then exceeds two thousand five hundred and fifty-two pounds, shall be deemed increased from two thousand five hundred and fifty-two pounds on and from that date. Repeal of ( 3 .) The Principal Act is amended by repealing Schedule i. Schedule I. and inserting, in lieu of that repealed Schedule, the following Schedule :— Is. 22 .] “ SCHEDULE I. P art I. —M ale O fficers . Scale of Units of Benefits. Column 1. Column 2. Annual Salary. No. of units of annuity, incapacity and Exceeding— ExceNeodting— absseunreafintcse respectively. Column 3. Annual Amount of Benefits. Annuity. Incapacity. Assurance. £ £ .. 158 2 158 221 3 221 284 4 284 347 5 347 410 6 410 473 7 473 536 8 536 599 9 599 662 10 662 725 11 725 788 12 788 851 13 £ £ £ 84 84 42 126 126 63 168 168 84 210 210 105 252 252 126 294 294 147 336 336 168 378 378 189 420 420 210 462 462 231 504 504 252 546 546 273

1960. Public Service Superannuation, Etc., Act. SCHEDULE I.— continued. P ast I.—M ale O fhobbs — continued. Scale of Units of Benefits — continued. Column 1. Column 2. Annual Salary. No; of units of annuity, incapacity and Exceeding— ExceNeodting— absseunreafnitcse respectively. Column 3. Annual Amount of Benefits. Annuity. Incapacity. Assurance £ 851 914 977 1,040 1,103 1,166 1,229 1,292 1,418 1,544 1,670 1,796 1,922 2,048 2,174 2,300 2,426 2,552 2,678 2,804 2,930 3,056 3,182 3,308 3,434 3,560 £ 914 977 1,010 1,103 1,166 1,229 1,292 1,418 1,544 1,670 1,796 1,922 2,048 2,174 2,300 2,426 2,552 2,678 2,804 2,930 3,056 3,182 3,308 3,434 3,560 •• 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 £ 588 630 672 714 766 798 840 882 924 966 1,008 1,050 1,092 1,134 1,176 1,218 1,260 1,302 1,344 1,386 1,428 1,470 1,512 1,554 1,596 1,638 £ 588 630 672 714 756 798 840 882 924 966 1,008 1,050 1,092 1,134 1,176 1,218 1,260 1,302 1,344 1,386 1,428 1,470 1,512 1,554 1,596 1,638 £ 294 315 336 357 378 399 420 441 462 483 504 525 546 567 588 609 630 651 672 693 714 735 756 777 798 819 251

252 Public Service Superannuation, Etc., Act 9 E liz . II. No. 39, II. P art —F emale O fficers . Scale of Unite of Benefits. Column 1. Annual Salary. Exceeding—* ExceNedoitng— Column 2. No, of units of annuity and incapacity benefits respectively. Column 3. Annual Amount of Benefits. Annuity. Incapacity. £ •. 158 221 284 347 410 473 536 599 662 725 788 851 914 977 1,040 1,103 1,166 1,229 1,292 1,418 1,544 1,670 1,796 1,922 2,048 £ 158 221 284 347 410 473 536 599 662 725 788 851 914 977 1,040 1,103 1,166 1,229 1,292 1,418 1,544 1,670 1,796 1,922 2,048 2,174 £ 2 84 3 126 4 168 5 210 6 252 7 294 8 336 9 378 10 420 11 462 12 504 13 546 14 588 15 630 16 672 17 714 18 756 19 798 20 840 21 882 22 924 23 966 24 1,008 25 1,050 26 1,092 27 1,134 £ 8 . d. 67 0 0 100 10 0 134 0 0 167 10 0 201 0 0 234 10 0 268 0 0 301 10 0 335 0 0 368 10 0 402 0 0 435 10 0 469 0 0 502 10 0 536 0 0 569 10 0 603 0 0 636 10 0 670 0 0 703 10 0 737 0 0 770 10 0 804 0 0 837 10 0 871 0 0 904 10 0

9 E liz . II. No. 39,1960. Public Service Superannuation, Etc., Act. P ast II.— F emale O fficebs — continued. Scale of Units of Benefits — continued. Column 1. Annual Salary. Exceeding— ExceNedoitng— Column 2. No. of units of annuity and incapacity benefits respectively. Column 3. Annual Amount of Benefits. Annuity. Incapacity. £ 2,174 2,300 2,426 2,552 2,678 2,804 2,930 3,056 3,182 3,308 3,434 3,560 £ 2,300 2,426 2,552 2,678 2,804 2,930 3,056 3,182 3,308 3,434 3,560 •• £ 28 1,176 £ 8 . d . 938 0 0 29 1,218 971 10 0 30 1,260 1,005 0 0 31 1,302 1,038 10 0 32 1,344 1,072 0 0 33 1,386 1,105 10 0 34 1,428 1,139 0 0 35 1,470 1,172 10 0 36 1,512 1,206 0 0 37 1,554 1,239 10 0 38 1,596 1,273 0 0 39 1,638 1,306 10 0” v By Authority ; S. G. R eid , Government Printer, Brisbane—1960