Public Service Superannuation Acts Amendment Act of 1954 (3 Eliz Ii No. 18) (Qld)

PUBLIC SERVICE. 3 E liz . II. No. 18,1954.' Public Service Superannuation, Etc., Act. 309 PUBLIC SERVICE. <i) Public Service Superannuation Acts Amendment Act of 1954 .. .. 3 Eliz. II. No. 18 (2) Statutory Salaries and Allowances Act of 1953 .. .. .. .. ..2 Eliz. II. No. 23 An Act to Amend "The Public Service Super­ 3 N E o l . iz 1 . 8. II. annuation Acts, 1912 to 1948,” in certain T h SS eeurp P veuircbe ­ lic particulars. annuation A cts A mendment A ct of [A ssented to 28 th A pril , 1954.] 1954. 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:— 1. This Act may be cited as “ The Public Service Short tit,e Superannuation Acts Amendment Act of 1954,” and shall instruction, be read as one with *“ The Public Service Superannuation Acts, 1912 to 1948 ” (as amended by f“ The financial Emergency Act of 1931 ”), herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Public Service Superannuation Acts, 1912 Ut e' to 1954.” 2. The second paragraph of section ten of the Amendment Principal Act is repealed and the following paragraph is of s'10' inserted in lieu thereof, namely :— “ During the following periods, namely the two periods, each of ten years, commenced respectively on the first day of July, one thousand nine hundred and twenty-seven, and the first day of July, one thousand nine hundred and thirty-seven, the period of six years and six calendar months commenced on the first day of July, one thousand nine hundred and forty-seven, and the period of five years commenced on the first day of January, one thousand nine hundred and fifty-four, the moneys to the credit of the Fund shall be, and it is hereby declared always were to be, credited with interest * 3 G. 5 No. 28 and amending Acts, t 22 G. 5 No. I.

310 PUBLIC SERVICE. Public Service Superannuation, Etc., Act. 3 E liz . II. No. 18, at the rate of five pounds per centum per annum in accordance with the monthly balance ; it being hereby declared that, in respect of the aforesaid periods, the Consolidated Revenue is and always was charged with the payment of the said interest at the rate aforesaid.”. Amendments of s. 12. 3. Section twelve of the Principal Act is amended— (i.) By repealing paragraph (a) of subsection one and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “(a) Every officer or person who immediately prior to the date (hereinafter in this section referred to as the “ said date ”) of the passing of *“ The Public Service Superannuation Acts Amendment Act of 1954,” was a compulsory contributor for two units of annuity under the provisions of this Act as in force immediately prior to the said date shall, on the first day of January, one thousand nine hundred and fifty-five, become and thereafter be and continue to be a compulsory contributor for three units of annuity under this Act unless sooner he shall have ceased to be a contributor to the Fund or the Board shall have either rejected his application to contribute in terms of this paragraph {a) or exempted him from so contributing (ii.) By repealing in paragraph (6) of subsection one the words “ two units ” and by inserting, in lieu of those repealed words, the words “ three units ”; (iii.) By repealing in paragraph (c) of subsection one the words “ two units ” and by inserting, in lieu of those repealed words, the words “ three units ”; (iv.) By repealing in paragraph ( d) of subsection one the words “ two units ” and by inserting, in lieu of those repealed words, the words “ three units ”; (v.) By repealing in paragraph (e) of subsection one the words “ two units ” and by inserting, in lieu of those repealed words, the words “ three units ”; (vi.) By repealing in paragraph (/) of subsection one the words “ two units ” and by inserting, in lieu of those repealed words, the words “ three units * This Act.

PUBLIC SERVICE. 311 1954. Public Service Superannuation, Etc., Act (vii.) By repealing in paragraph (g) of subjection one the words “ two units ” and by inserting, in lieu of those repealed words, the words “ three units ” ; (viii.) By adding to the said subsection one the following paragraph, namely :— “ and (h) Every officer or person specified in paragraph (a) of this subsection shall, until and including the thirty-first day of December, one thousand nine hundred and fifty-four, or he sooner ceases to be a contributor to the Fund, be and continue to be a compulsory contributor for two units of annuity and thereafter such, if any, of those officers and persons as have, pursuant to subsection two of section fourteen of this Act, either applied for and been granted by the Board exemption from contributing compulsorily for three units of annuity, or whose applications to so contribute have been rejected by the Board for that the application in question has not been accompanied by a certificate of good health signed by a medical practitioner satisfactory to the Board, shall be and continue to be compulsory contributors for two units of annuity.” ; and (ix.) By repealing in paragraph (a) of the first proviso to subsection three the words “ eight units ” and by inserting, in lieu of those repealed words, the words “ ten units 4-. Section fourteen of the Principal Act is Amendment amended— ofs-14- (i.) By renumbering that section subsection one of section fourteen ; and (ii.) By adding to that section as so renumbered the following subsection, namely :— “(2.) (a) Every officer or person who immediately prior to the date of the passing of *“The Public Service Superannuation Acts Amendment Act of 1954,” was a compulsory contributor for two units of annuity under the provisions of this Act as in force immediately prior to that date and who was not then voluntarily contributing for any further unit or units of annuity * This Act.

312 PUBLIC SERVICE. Public Service Superannuation, Etc., Act. 3 E liz . II. No. 18, benefit shall, on or before the thirtieth day of September, one thousand nine hundred and fifty-four, make to the Board an application either to contribute for a third unit of annuity benefit under this Act or, if eligible under paragraph (c) of this subsection, to be exempted from so contributing. Every such application to contribute for a third unit of annuity benefit shall be accompanied by a certificate with respect to the health of the applicant in the prescribed form signed by a medical practitioner approved by the Board. The Board shall deal with every application to so contribute without postponement but they may reject any application in respect whereof the aforesaid accompanying certificate does not satisfy them that the applicant is of good health. In the case of an applicant of or over the age of sixty years, in respect of whom the aforesaid accompanying certificate satisfies the Board that he is of good health, contribution according to the application shall be made under and subject to such terms and conditions as are fixed by the Board. (6) Paragraph (a) of this subsection shall not apply with respect to any officer under sixty years of age who— (i.) Immediately prior to the date of the passing of *“ The Public Service Superannuation Acts Amendment Act of 1954,” was a compulsory contributor for two units of annuity benefit under the provisions of this Act as in force immediately prior to that date ; (ii.) Has not drawn incapacity allowance benefit or, if not a contributor for that benefit, has not been absent on sick leave without pay at any time during the period of five years immediately prior to that date or, in the case of such an officer who has been in the employment of the Crown for a lesser period than five years, that lesser period ; and (iii.) Has not, during the period of five years immediately prior to that date, been absent on sick leave (whether at any one time or * This Act.

PUBLIC SERVICE. 1954. Public Service Superannuation, Etc., Act from time to time) for longer than the period Service Acts, 1922 to 1953,” and the regulations thereunder in respect of five years of service thereunder or, in the case of such an officer who has been in the employment of the Crown for a lesser period than five years, that lesser period. For the purposes of applying paragraph (a) of subsection one of section twelve of this Act to officers hereinbefore specified in this paragraph, every such officer shall be deemed to have duly made an application with an accompanying certificate of good health satisfactory to the Board as prescribed by paragraph (a) of this subsection and accordingly shall become on the first day of January, one thousand nine hundred and fifty-five, and thereafter be and continue to be a compulsory contributor for three units of annuity benefit under this Act unless, being eligible under paragraph (c) of this subsection for exemption from so contributing, he shall have duly applied for and been granted by the Board that exemption. (c) Upon application made on that behalf the Board shall exempt from contributing for a third unit of annuity benefit under this Act an officer or person who satisfies the Board— (i.) That he is of or over the age of forty years ; or (ii.) That the aggregated amounts of the contribution payable by him for that third unit and of the contributions which he is already paying, both compulsorily and voluntarily, for other units of benefit under this Act exceed five percentum of his salary. (d) This subsection does not apply to officers or persons who, immediately prior to the passing of f“ The Public Service Superannuation Acts Amendment Act of 1954,” were compulsory contributors for two units of annuity benefit and additionally were then voluntarily contributing for a further unit or units of annuity benefit, but every such officer or person shall, without application made under this subsection, become on the first day of * 13 G. 5 No. 31 and amending Acts, f This Act. 313

314 PUBLIC SERVICE. Public Service Superannuation, Etc., Act. 3 E liz . II. No. 18, January, one thousand nine hundred and fifty-five, and thereafter continue to be a compulsory contributor for three units of annuity benefit under this Act.” Amendment 5. Section twenty-one of the Principal Act is °f s. 2i. amended by adding thereto the following paragraph, namely:— “ Any contributor referred to in paragraph (ii.) of this section who has not sooner ceased to receive incapacity allowance benefit from the Fund shall cease to receive that benefit on attaining the age of sixty-five years or, in the case of a contributor under and in pursuance of a provision of subsection two of section thirteen of this Act, on attaining the age of seventy years.”. Amendments 6. Section 21 a of the Principal Act is amended— of s. 21 a . (j.) By repealing in paragraph (a) of subsection one the words “ before the first day of January, one thousand nine hundred and forty-nine ” and by inserting, in lieu of those repealed words, the words “ before the first day of May, one thousand nine hundred and fifty-four ”; (ii.) By repealing in the said paragraph (a) the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ seventy-five pounds ”; (iii.) By repealing in paragraph (b) of subsection one the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ seventy-five pounds ”; (iv.) By repealing in paragraph (c) of subsection one the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ seventy-five pounds ”; (v.) By repealing in paragraph ( d) of subsection one the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ seventy-five pounds ”; (vi.) By repealing in subsection two the words “ one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred and twenty-five pounds ” ; (vii.) By repealing subsection three and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “(3.) (a) For the purpose of applying the provisions of this section to a person whose date of retirement according to the provisions applicable in his case of

PUBLIC SERVICE. 1954. Public Service Superannuation, Etc., Act. paragraph (a) or ( b ) or (c) or ( d ) of subsection one of this section is (whether it occurred before or shall occur on or after the day on which *“ The Public Service Superannuation Acts Amendment Act of 1954,” received the Royal Assent) a date earlier than the first day of January, one thousand nine hundred and fifty-five and who at that date, additionally to compulsorily contributing for two units of annuity benefit, was voluntarily contributing for a further unit or units of annuity benefit, that person shall be deemed to have been at that date a compulsory contributor for three units of annuity benefit. ( b ) For the purpose of applying the provisions of this section to a person entitled to receive an annuity benefit under and in pursuance of section twenty-one of this Act for that he became a contributor to the Fund under any provision of section three, section 3 a , or subsection one or subsection two of section thirteen of this Act, that person shall be deemed to have been, at his date of retirement according to the applicable provisions of paragraph (a) or (6) or (c) or ( d ) of subsection one of this section, a compulsory contributor—- (i.) If he was at that date contributing for three or more units of annuity benefit—in respect of three units of annuity benefit; or (ii.) If he was at that date a contributor in respect of less than three units of annuity benefit—in respect of that lesser contribution. Where that lesser contribution includes a half unit of annuity benefit, the additional annuity benefit payable under this section in respect of that half unit shall be at the rate of thirty-seven pounds ten shillings per annum.” ; and (viii.) By inserting after subsection three the following subsection, namely :— “ (3 a .) Where a person claims or is in receipt of age, invalid, or widow’s pension under the -fSocial Services Consolidation Act 1947-1953 (or any Act amending or substituted for that Act) of the Commonwealth and the payment of additional annuity benefit at the rate hereinbefore provided in this section would (without * This Act. f No. 26 of 1947 and amending Acts of the Commonwealth. 315

316 PUBLIC SERVICE. Public Service Superannuation, Etc., Act. 3 E liz . II. No. 18, disentitling thereto) have the effect of reducing the rate of pension aforesaid which would be payable otherwise to that claimant or pensioner, then a sum equal to the annual amount by which the rate of pension aforesaid would be so reduced shall be deducted from the annual rate ofadditional annuity benefit which, but for this subsection, would be payable and the rate of additional annuity benefit payable under this section shall be reduced accordingly. With respect to spouses to or by both of whom age or invalid pension aforesaid is payable or claimable at a rate determined by deeming the income of each respectively to be half the total income of both, this subsection shall apply as if both pension and additional annuity benefit were payable to or claimable by them jointly.”. New s. 21 b 7. The following section is inserted after section inserted. 21 a of the Principal Act, namely:— Additional “ [21 b .] (1.) Subject as hereinafter provided in preasypmecetnotsf in this section— incapacity benefits. (a) Every person (including any person who became a contributor under and in pursuance of any provision of section three, section 3 a , or subsection one or subsection two of section thirteen of this Act) who, before the first day of May, one thousand nine hundred and fifty-four (which day is hereinafter in this section referred to as the “ said day ”), ceased to be an officer of the Public Service (or, as the case may be, an officer or servant of the University of Queensland) consequent on his retirement before the age of sixty-five years or (in the case of a contributor under and in pursuance of a provision of subsection two of section thirteen of this Act) before the age of seventy years by reason of incapacity or ill-health and who, on the said day, is entitled to receive an incapacity allowance benefit from the Fund shall, during the continuance on and after the said day of that entitlement, be entitled to receive an additional incapacity allowance benefit at the applicable rate per annum in respect of each unit of incapacity allowance benefit for which

PUBLIC SERVICE. 1954. Public Service Superannuation, Etc., Act. he was, at the date of his retirement as aforesaid, a contributor under and iii pursuance of this Act, which additional incapacity allowance benefit shall be payable monthly, or at shorter intervals if so prescribed, in addition to the incapacity allowance benefit receivable by him under and in pursuance of the provisions of section twenty-one of this Act; and (b) Every person (including any person who became a contributor under any provision of section three, section 3 a , or subsection one or subsection two of section thirteen of this Act) who, on or after the said day, ceases to be an officer of the Public Service (or, as the case may be, an officer or servant of the University of Queensland) consequent on his retirement before the age of sixty-five years or (in the case of a contributor under and in pursuance of a provision of subsection two of section thirteen of this Act) before the age of seventy years by reason of incapacity or ill-health and who, on the date of that retirement, is entitled to receive an incapacity allowance benefit from the Fund shall, during the continuance on and after that date of that entitlement, be entitled to receive an additional incapacity allowance benefit at the applicable rate per annum in respect of each unit of incapacity allowance benefit for which he was, at the date of his retirement as aforesaid, a contributor under and in pursuance of this Act, which additional incapacity allowance benefit shall be payable monthly, or at shorter intervals if so prescribed, in addition to the incapacity allowance benefit receivable by him under and in pursuance of the provisions of section twenty-one of this Act. (2.) The applicable rate per annum of the additional incapacity allowance benefit payable under this section in respect of a unit of incapacity allowance benefit shall be— (a) In the case of a male contributor—the rate of seventy-five pounds per annum ; 317

318 PUBLIC SERVICE. Public Service Superannuation, Etc., Act. 3 E liz . II. No. 18, (b) Excepting those female contributors specified in paragraph (c) of this subsection, in the case of a female contributor—the rate of sixty pounds per annum; and (c) In the case of a female contributor who, before the reduction from fifty to forty pounds per annum of the annual rate of a unit of incapacity allowance benefit payable from the Fund in respect of females, ceased to be a member of the Public Service (or, as the case may be, an officer or servant of the University of Queensland) consequent on her retirement by reason of incapacity or ill-health and who accordingly is entitled to a unit or units of incapacity allowance benefit from the Fund at the annual rate of fifty pounds per such unit— the rate of seventy-five pounds per annum. (3.) The maximum additional incapacity allowance benefit payable under this section to any person shall not exceed— (а) In the case of a male—two hundred and twenty-five pounds per annum; (б) In the case of a female, excepting a female specified in paragraph (c) of subsection two of this section,—one hundred and twenty pounds per annum; and (c) In the case of a female specified in paragraph (c) of subsection two of this section—one hundred and fifty pounds per annum. (4.) Additional incapacity allowance benefit or any part thereof under this section shall not be payable to any person unless he contributed to the Fund for incapacity allowance benefit for a continuous period of ten years or longer immediately prior to ceasing to be an officer of the Public Service (or, as the case may be, an officer or servant of the University of Queensland). (5.) Unless specifically approved by the Governor in Council in his case, additional incapacity allowance benefit or any part thereof under this section shall not be payable to any person who— (a) Having ceased to be an officer of the Public Service (or, as the case may be, an officer or servant of the University of Queensland) before the age of sixty-five or (in the case of

PUBLIC SERVICE. 1954. Public Service Superannuation, Etc., Act. a contributor under and in pursuance of a provision of subsection two of section thirteen of this Act) before the age of seventy years ; and ( b ) Having, subsequently to ceasing to be such officer or servant as aforesaid, become unable or unfit to engage in any employment, whether on his own behalf or as a servant or agent, is in receipt of incapacity allowance benefit under and in pursuance of section twenty-one of this Act by reason of having been permitted under section eighteen of this Act (as in force prior to the passing of *“ The Public Service Superannuation Acts Amendment Act of 1948 ”) to continue to contribute therefor. (6.) Where a person claims or is in receipt of age? invalid, or widow’s pension under the -\Social Services Consolidation Act 1947-1953 (or any Act amending or substituted for that Act) of the Commonwealth and the payment of additional incapacity allowance benefit at the rate hereinbefore provided in this section would (without disentitling thereto) have the effect of reducing the rate of pension aforesaid which would be payable otherwise to that claimant or pensioner, then a sum equal to the annual amount by which the rate of pension aforesaid would be so reduced shall be deducted from the annual rate of additional incapacity allowance benefit which, but for this subsection, would bp payable and the rate of additional incapacity allowance benefit payable under this section shall be reduced accordingly. With respect to spouses to or by both of whom age or invalid pension aforesaid is payable or claimable at a rate determined by deeming the income of each respectively to be half the total income of both, this subsection shall apply as if both pension and additional incapacity allowance benefit were payable to or claimable by them jointly. (7.) The additional incapacity allowance benefit under this section— (a) Shall not be payable to any person in respect of any period during which he engages in any employment, whether on his own behalf or as a servant or agent; and * 13 G. 6 No. 14. f No. 26 of 1947 and amending Acts of the Commonwealth. 319

320 Saving. PUBLIC SERVICE. Public Service Superannuation, Etc., Act. 3 E liz . II. N o . 18,1954. (6) Shall cease to be payable to any person if and when he ceases receiving from the Fund the incapacity allowance benefit in relation to which additional incapacity allowance benefit under this section is payable to him. (8.) All additional incapacity allowance benefits payable under this section shall be paid out of the Consolidated Revenue which is hereby appropriated for that purpose: Provided that where so approved by the Governor in Council, additional incapacity allowance benefit payable under this section to any person whose salary or remuneration was, at the date when he ceased to be an officer of the Public Service (or, as the case may be, an officer or servant of the University of Queensland), payable from a Trust or Special Fund shall be paid out of that Fund which is hereby appropriated accordingly. (9.) In this section a reference to a person who became a contributor under and in pursuance of any provision of section three of this Act includes any and every person who, in pursuance of an Order in Council purporting to have been made in pursuance of section three of this Act as in force prior to the passing of *“ The Public Service Superannuation Acts Amendment Act of 1927,” became a contributor.”. 8. Notwithstanding the amendments of section 21 a of the Principal Act made by this Act, additional annuity benefits shall be payable in respect of the month of April, one thousand nine hundred and fifty-four under, subject to, and in accordance with the provisions of section 21 a of the Principal Act in force immediately prior to the passing of this Act as if that section had not been amended by this Act. * 18 G. 5 No. 5.