Public Service Superannuation Acts Amendment Act of 1965 (Qld)

760 ( ueensian6 ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 53 of 1965 An Act to Amend "The P ublic Service Superannuation Acts, 1958 to 1964 ," in certain particulars [ASSENTED TO 16TH DECEMBER , 1965] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same. as follows:- 1. (1) Sbort title . This Act may be cited as " The Public Service Superannuation Acts Amendment Act of 1965.- (2) Principal Act. " The Public Service Superannuation Acts, 1958 to 1964," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Public Service Superannuation Acts. 1958 to 1965."

Public Service St perannuatior . Acts Amendment Act of 1965. No. 53 761 2. New s. 77A inserted . The Principal Act is amended by insetting after section seventy-seven the following section:- [77A.} Entitlement to superannuation benefits on voluntary resignation . (I) Subject to this section- (a) a contributor- (i) who voluntarily resigns from his employment as an officer after he has attained the age of sixty years but before attaining the age of sixty-five years; and (ii) who has duly elected as prescribed by subsection (9) of this section, shall on such resignation be entitled to be paid from the Fund annuity benefit in respect of each unit thereof for which he was contributing on the date of such resignation at a rate per annum calculated by the actuary and approved by the Board ; and (b) where a contributor mentioned in paragraph (a) of this subsection dies leaving him surviving a widow whose marriage to him took place before his resignation, such widow shall be entitled to be paid from the Fund assurance benefit in respect of each unit thereof for which he was contributing on his resignation at a rate per annum calculated by the actuary and approved by the Board. (2) In respect of each child who, in relation to a contributor mentioned in paragraph (a) of subsection (1) of this section. is a child to whom section thirty-five of this Act applies the amount of additional assurance benefit shall be at a rate per annum calculated by the actuary and approved by the Board. Subsection ( 1) of section thirty-six of this Act applies subject to this subsection. (3) If a widow mentioned in paragraph (b) of subsection (1) of this section remarries her entitlement to assurance benefit shall thereupon and thereby cease and be determined. (4) Every contributor mentioned in paragraph (a) of subsection (1) of this section who on his resignation is unmarried or a widower shall be entitled to be paid from the Fund, in respect of each unit of assurance benefit for which he was contributing on his resignation, a sum calculated by the actuary and approved by the Board. (5) A contributor mentioned in paragraph (a) of subsection (1) of this section who, pursuant to section fifty-seven of this Act, is on his resignation maintaining an amount of benefit under the repealed Acts called therein assurance benefit (whether payable at death or payable at the age of sixty-five years or prior death) may apply, not later than one month after the date of his resignation , to the Board to convert same to a benefit payable on his resignation, and the Board may convert same accordingly upon such terms and conditions as may be determined by the actuary and approved by the Board. Except as prescribed by this subsection, such a contributor shall not be entitled to apply, whether on his resignation or thereafter, for any conversion of such a benefit under the repealed Acts.

762 Public Service Superannuation Acts Amendment Act of 1965. No. 53 Where a benefit under the repealed Acts mentioned in this subsection is not converted as provided by this subsection. the amount thereof which shall be payable at the death or, as the case may be, at the age of sixty-five years or prior death of the contributor shall be such amount as is calculated by the actuary and approved by the Board. (6) In the case of a contributor mentioned in paragraph (a) of subsection (1) of this section who, after the date of the voluntary resignation by reason whereof he became entitled to be paid annuity benefit, is employed by the Crown, the University of Queensland, the Railway Department, a Hospitals Board, the Queensland Health Education Council or the Manager of the Golden Casket Art Union- (a) for a continuous period of four weeks or longer; and (b) at a salary the rate whereof is equal to or greater than the rate of the basic wage for males or, in. the case of a female, for females declared for the time being by the Industrial Commission under " The Industrial Conciliation and Arbitration Acts, 1961 to 1964," the amount of annuity benefit payable in respect of the period of such employment shall be reduced by the proportion thereof payable by the Crown. (7) Subsection (2) of section thirty-eight and section fifty-five of this Act apply to a contributor mentioned in paragraph (a) of subsection (1) of this section as if, in his case , references in those subsections to the age of sixty-five years were references to his age at the date of the voluntary resignation by reason whereof he became entitled to be paid annuity benefit. In respect of excess units of annuity benefit mentioned in the said section fifty-five the entitlement to-receive annuity benefit shall be at a rate per annum calculated by the actuary and approved by the Board. (8) In respect of units of annuity benefit mentioned in subsection (1) of section seventy-one of this Act, a contributor mentioned in paragraph (a) of subsection (1) of this section may apply to the Board to commute for a lump sum payment the annuity benefit payable under this section. The application shall be made to the Board not later, than one month after the date of his resignation. The Board may refuse the application or may grant it in whole or in part. The amount of the lump sum to be paid in respect of any application under this subsection shall be such amount as is determined by the actuary and approved by the Board. Except as prescribed by this subsection, commutation of annuity benefit payable by virtue of this section shall not be allowed in any circumstances whatsoever. (9) A contributor shall not be entitled under this section to be paid from the Fund any annuity benefit unless not later than one month after the date of his resignation he shall have furnished to the Board a notice in writing stating- (a) that he has voluntarily resigned from his employment as an officer and the date from which such resignation takes or took effect; and (b) that he elects to be paid annuity benefit in accordance with the provisions c.f this Act.

Public Service Superannuation Acts Amendment Aci of 1965. No. 5', 763 The pros isions of subsection (I) of section thirty-eight and of subsection (3) of section thirty-nine of this Act do not apply to a contributor who, pursuant to such an election, is entitled to be paid from the Fund annuity benefit."