Railway Service Superannuation Act 1910 (NSW)
AcA, No. 11, 1910.
| An Act to provide superannuation allowances railway | S e r v i c k SUI'ERANNUATIUN. |
and gratuities for persons employed in the Kailway and 'I'ramway Services ; to amend the Acts regulating the Knhlie Service and the (Government Kailways Act, 1901 ; and for pnr])oses conse(pient thereon or inci dental thereto. [27fli AiKjiisf, 1910.]
T ) E it enacted 1)v tl;e ]'ting''s Most Excelk'nt iMajesty, by and nitli _| 1 the advice and conscMit of the L('«'islative Council and Legislative Assembly of New South Wab's in Parliament assembled, and by the authority of the same, as follows :—
1 . This Act mav be cited as the “ Pail way Service Superannu- Short title ami
| alien | Act, | 1 9 1 0 . ” | ̂ | com m encem ent. |
I'his Act shall commence and take effect on and from the first dav of October, one thousand nine hundred and ten.
| Superannuation allowances and gratuities shall become payable on and after the lirst day of November, one thousand nine hundred | . |
| and ten. |
2 . In this Act, unless the context requires another meaning :— DeSnitions.
“ Chief Commissioner” means Chief Commissioner for Railways and Tramways.
“ Emoluments ”
Act No. 11, 1910.
Hailicay Service Superannuation.
“ Emoluments ” does not include forage, equipment, or travelling
allowances.
“ Officer ” means officer, clerk, servant, or other person employed permanently by the Chief Commissioner to assist in the execution of the Government Eailways Act, 1901.
“ Salary ” includes wages.
“ Superannuation allowances” and “ gratuities” means super
annuation allowances and gratuities payable under this Act.
“ Service ” means sc'rvice, whether permanent or temporary, under
the railway or tramway service of New South Wales.
“ The board ” means the hoard constituted under the provisions
of this Act.
This Act shall not apply to any officer who, at the commence ment of the Act, is a contributor to the superannuation account under the Civil Service Act of 188-1.
| The boarJ. | 3 . The hoard shall consist of seven persons, namchq—three appointed by the Governor for a term of five y(;ars; three elected for a term of three years of whom two shall he elected by the officers in the railway service, and one by the officers in the tramway service, under regulations made under this A c t; and the Chief Commissioner, who shall ex officio be chairman of the hoard. |
| Any vacancy in the members so appointed or clccti'd shall be filled by appointment or election as aforesaid as the case may be. Any person elected shall hold office for the unexpired term of office of the person whose vacancy he fills. | |
| Deduction from |
| salaries. | 4 . On the days appointed for payment of the salary and |
emoluments of any officer a deduction shall lie made from such salary and emoluments of a sum not exceeding one and one-half per centunr thereof.
Government
| Kailways | 5 . (1) The amounts so deducted shall he placed to the credit |
| Superannuation | of a special account in the Treasury to he called the Government |
| Account. | llailways Superannuation Account. |
| There shall also, on appropriation by Parliament, he annually placed to the credit of the said account, from the Consolidated llevenuo Eund, such moneys as may be rec^uired to meet claims under this Act. (2) Moneys at credit of the said account shall be applied in paying superannuation allowances, gratuities, and refunds, and | |
| making other payments authorised by this Act. | |
| Persons to whom |
| HU perannuation | 6. A superannuation allowance is payable to an officer—• |
| allowances are | (a) Avho is over sixty years of age and has retired after ten years’ |
| payable. | or longer service ; or |
| (b) | who is under sixty years of age, and has, after ten years’ or longer service, been compelled to retire through infirmity of body or mind not caused b\l intempm’ate habits, such infirmity being duly certified to the satisfaction of the board as likely to be permanent; or |
(c )
Act No. 11, 1910.
Hailicaij Service Superannuation.
| (c) | who is under sixty years of a^e, and whose services have hccn dispensed witli after ten years’ or longer service, hy reason that his olllce lias been aholislied, and no other office, whether in the railwav or tramwav, or in anv other branch of the Public Service has been found for him at not less than five-sixths of his salary. |
7 . A superannuation allowance shall he payable each year for Perioa and amount
| the rest of the life of the officer. | allowances. |
| Such allowance shall, subject to this Act, amount to one- sixtieth of an average takim of the annual salaries and emoluments of the officer during his term of service, multiplied hy the number of complete years of his service, hut shall not exceed two-thirds of the average of such annual salary and emoluments : |
8 . Any oificer who held any office in the service at the com- Allowances to
mencement of this Act shall, notwitlistahding his not having herein providt'd, subject to such an annual abatement as on the certificate of an actuary appointed hy the hoard is equivalent to one and one-half per centum on the total salaries and emoluments received hy such officin ])rior to the commencement of this Act; or the officer may, at his ojition, pay, in one sum or hy the prescribed instalments extending over three years, a sum equivalent to one and one-half ])cr centum on such total salaries and emoluments; and subject to such ])ayment he shall ho entitled to his superannuation allowance Avithout abatement.
contributed hy way of deduction from Ids salary and emoluments Act.
during his ]iast services to the Government Eailways Superannuation
9 . A gratuity not exceeding two months’ salary at the then Oiatuities to ofiicers
rate for each complete year of smvice, and not less than six months’ salarv shall he pavable to anv officer avIio is incapacitated from the further discharge of his duties hy reason of liodily injury received in the course of his duty, and Avho retires from the service. If, before payment of the gratuity, such officer dies from such injury, the gratuity shall he payable to his Avidow, or if he does not leave a Avidow, to his personal representatiA'es to be administered as part of his estate.
1 0 . A gratuity not exceeding one month’s salary at the then Gratuities to officer
rate for each complete year of service shall be payable to any officer— compoiiod to retire.
| (a) | Avho is under sixty years of age, and after less than ten years’ service has been compelled to retire through infirmity of body or mind, not caused by intemperate habits, such infirmity being duly certified fo the satisfaction of the hoard as likely to be permanent; or | |
| (b) | Avhose services liave been dispensed Avith otherwise than for an offence and avIio is not entitled to a superannuation | |
|
Act No. 11, 1910.
Hallway Service Superannuation.
| Reports on officers | 1 1 . tA licii an officer is rc])ortt!(l unfit to perform his duties by reason of any infirmity of body or mind, the Chief Commissioner may ap|)oint throe duly qualified medical practitioners to examine and report upon his condition, and may also direct the head of the department or branch in which he is employed to report on the manner in whicli his duties have hccn performed. If, on such reports, it appears to the l.toard to he for the public interest, he may retire upon the superannuation allowance provided by this Act. |
| their duties. | |
| Medical examination | |
| of officers receiving | 1 2 . (1) VÂ hen an officer who has retired from the service allowance or has received a "ratiiity, he shall submit himself for medical examination as and w hen I'cquired hy the hoard ; and, if he makes default in complying with such requirement, any superannuation allowance or gratuity shall cease to he payable during such default. |
| allowances or | through infirmity of body or mind is in receipt of a superannuation |
| gratuities. |
unfit to perform
| W here health of | ■ | (2) If, in the opinion of the hoard, the health of any such |
| officer is restored. |
officer has beemne so restored as to enable liim to perform his duties, the Chief Commissioner may require him to i-esume such duties, or to undertake any other duties in the service for Avhich he is qualified, at his former salary, and thereupon any su})erannuation allowance granted to such officer shall cease to he payable. But, iu the event of the recurrence of his infirmity, the officer shall he entitled to his super annuation allowance, together with any increase in the same to which he w’ould bo entitled from additional length of service.
If anv such officer who has received a gratuitv fails to resume or undertake such duties when so required, the hoard may recover from him, as a Crown debt, the amount of sueli gratuity, and pay the same into the Covernment Bailways Superannuation Account.
Refund where officer
| dies in the Service. | 1 3 . AA’ l u u a ' an office!)' dies whilst in the service, his widoAV, or if he does not leave a widow, his ])ersonal represcnt;itives shall he entitled to a ri'fund of the deductions made from his salary and emoluments under this Act, together with interest at the rate pi’cscrihed on the amounts of such deductions fronr tlic dates when they were respectively made. |
| Refund where officer | |
| dies shortly after | 1 4 . If an officer retires upon a superannuation allowance and dies within six months after such retirenient, his represoitatives may receive a sum Avliich is equal to the difference between the actual a)uount of supei’annuatio)i allowance I'ceeived hy him and the total doduetions made umler this Act iu respect of his salary and emoluments. |
| retirem ent. | |
| Refund where officer | 1 5 . AVhei(' an oificer volunt;irily retii'cs after service for fifteen years or longer, he shall, on a certilicatc of good conduct being furnished to the hoard, he entitled to a refund of the deductions made from his salary and emoluments under this Act, but without any interest thereon. |
| voluntarily retires. |
| Act No. 11, 1910. | 3D |
Baihoay Service Snperannimtion.
1 6 . No officer shall receive or ho entitled to any super-Limit of amount of'
annuation allowance or yratuity in respect of so much of his salary and emoluments as is in excess of ei»ht hundred pounds per annum ; and no officer shall he liable to a deduction under this Act from so much of his salary and emoluments as is iti excess of that amount.
| 1 7 . Aloneys payable under tliis Act shall be certified by the Payments to bo | * | ccrlilied by board. |
1 8 . Any officer dismissed from the servici' lor misconduct shall wbere oiiieer
| forfeit all rights to superaunuation allowances or gratuities. | But if mTscoiKhmv' |
he was dismissed for a causit Avhich, in the opinion of tlu' hoard, did not amount to stuaous misconduct, In; may reeeivtt a refund of such
| portion of the (h'duction made from his salary as the hoard may think | . |
| fair under all tin; circumstances. |
1 9 . Wlu're an ollicer has in pursuanci' of the Government Sunenderor transfer
Bailways Atd, 1901, ellectt'd a ])olicy of insurance for the jiayment of money on his death, oi- on his attaining a certain age, and such policy is in foi'cc at the comnumcement of this Act, such officer may, within thrc(‘ months after such commencement elect either to—•
| (a) | hold such policy, in which case the provisions of the Govern- | |
| ||
| (h) | accept the surretidcr value of such policy, whereupon In; shall 1)0 relieved from any further obligation to continue his insurance under the said Act; or | |
| (c) | transfer such policy to a jiersou named hy the hoard, and request the hoard to continue the payments of the premiums under the said policy. |
| The hoard shall on such transfer cause to he duly ]>aid the premiums ou such policy, and shall hand over to the officer or to his personal representatives to he administeri'd as jiart of his estate, any sums received on maturity of the jiolicy, less the amount of the })remiums, with interest thereon at the rate of three find a half per centum per annum from t lie resjiective dfites of payment. | • |
| 2 0 . The determination ol' th(' hoard as to— | Ceitain dciermina- |
| (a) | whether a deduction shall he made from the salary and emoluments of an officer ; |
(h) the period of service of an officer ;
| (c) | whether aii officer has been dismissed from the service for misconduct, |
shall he finfil and eonelusivi'.
2 1 . A supi'raunuation fillowancc shall not he capable of hidug Allowances may not
| assieined or char2;ed, and shall not ht; liable to he seized or sold under Reassigned or | o | z | ̂ | ̂ | cluirBctl. | . |
any process of law. Any gratuity payable under this Act to the representatives of a deceased officer shall not he assets for the payment of his debts.
Act No. 12, 1910.
Saturday H a lf Holiday.
| Kegulations. | 2 2 . The Governor may make regulations for carrying out the provisions of this Act. |
| Such regulations shall be published in the Gazette, and shall take effect from the date of such publication. | |
| Such regulations shall be laid before both Houses of Parliament within fourteen days after publication if Parliament is in session, and, if not, then within fourteen days after the commencement of the next session. Eut if either House of Parliament passes a re.solution at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation, such regulation shall thereupon cease to take effect. | |
| penalties. | |
| Recovery of | 2 3 . Penalties imposed hy this Act, or hy any regulations thereunder may he recovered before any stipendiary or police magis trate, or any two justices in petty sessions. |
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