Superannuation Act Repeal Act of 1873 No 24a (NSW)
| 62 | No. 29. | 36 ̂ VIC. | 1873. |
Superannuation Act Mepeal.
No. XXTX.
StTPSHAirNtrATIOK
| A ct K b pea l . | An Act to repeal the Siiperannnation Act of 1864 and to provide for terminating* tlie system of Allowances and Gratuities |
| established thereunder. | [1st May, 1873.] |
| Preamble. | 1 1 r HEREAS it is expedient to repeal the Superannuation Act of- V V 1861 and to provide for terminating the system of allowan(!os |
| and gratuities established thereunder Ec it therefore enacted hy the Queen’s Most Excellent Majesty hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and hy the authority of the same as follows :— |
| Bepcal of Superan | 1. The Act of Council twenty-seventh Victoria number eleven being the Superannuation Act of ISGf is hereby repealed but such repeal shall not aifect any allowance or gratuity granted or act done before the passing of this Act except so far as herein specifically enacted. |
| nuation Act of 1864. | |
| Interpretation clause. | 2. In the interpretation of this Act unless the context otherAvise indicates the word “ pension” means any supei’aimuation allowance granted under the Act liercby repealed or under this Act. |
| Balance at credit of | 3. The balance at the credit of the Superannuation Eund on the |
| Superannuation |
| Fund carried to Con | thirty-first day of March in flic year one thousand eight hundred | ||
| solidated Bevenuo | and seventy-three shall be carried to the credit and form part of the | ||
| Fund on wliich |
| ||
| certain payments | |||
| under this Act are | under the sixth sewenth and eighth sections hereof shall be chargeable | ||
| made chargeable. | upon and paid from the said Eund. | ||
| How arrears of | 4. All amounts in respect of pensions in arrear accrued due and payable up to the commencement of this Act to the grantees of such pensions under the provisions of the said repealed Act shall be paid to such grantees according to the scale prescribed by the seventh section of this Act Provided that the pensions accrued due and payable to those persons mentioned or referred to in the sixth section of this Act shall bo paid in full. | ||
| existing pensions to | |||
| be paid. | |||
| Gratuities already- | 5. All sums of money in the nature of gratuities to Avhich any person shall be entitled under the provisions of the seventh or tenfh sections of the said repealed Act and the payment whereof shall have been duly authorized before the passing of this Act sliall be paid in full to such persons according to the respective scales prescribed by the said sections ProA'ided ahvays that no person shall after tlie passing of this Act be entitled to any gratuity under either of the said sections unless the payment thereof to him shall have been duly authorized as herein j>rovidcd. | ||
| authorized to be | |||
| paid in fulh | |||
| Bate of pensions of | 6. All persons formerly in the Public Service Avho have been required l)y the Governor Avith the adAucc of the Executive Council to retire from active service under the proA'isions of the said re])cah'd Act shall after the passing of this Act be cntithal to be ]>aid the rcspectWe pensions granted to them under the provisions of the said Act and in accordance Avith the scale therein prescribed. | ||
| Pensioners forced to | |||
| retire. |
| 1873. | 36 ̂ VIC. | No. 29. |
Superanmiatio7i Act Mepeal.
7. All persons to whom pensions sliall have been granted under Reduoed rate of
the provisions of the said repealed Act before the passing of this Act and not within the meaning of the last preceding section shall after the passing of this Act he paid according to the following scale viz.—
To any person who shall have served fifteen years and upwards and under sixteen years an annual pension of fifteen-sixtieths of the annual salary of his office.
Sixteen years and under seventeen years an annual pension of
sixteen-sixtieths of such salary.
And in like manner a further addition to the annual pension of one-sixtieth in respect of each additional year of such service until the completion of a period of service of forty years when a pension of forty-sixtieths may he granted And no addition shall he made in respect of any service beyond forty years.
8. All officers in the Public Service Avho at the time of the passing Pensions to persons
‘of this Act are entitled to retire from active service under the provisions
| o f the said repealed Act may so retire upon pensions to he computed | ' |
| according to the scale set forth in the last preceding section hut in such computation no period of service of any such officer subsequent to the date of the passing of this Act shall be taken into account but such officer’s service shall he deemed for such purpose to have ter minated on the aforesaid date And no pension Avithin the meaning o f this or the last preceding section shall exceed the respective rates in the scale last aforesaid. |
9. All sums of money deducted under the proAusions of the Refund of deductions,
first section of the said repealed Act from the pay or salary of any officer in the Pnhlic Service at the time of the passing of this Act shall together Avith interest thereon at the rate of five pounds per centum per annum up to the said time he refunded to such person for the Avhole period during Avhich such ptn’son has been a contributor to the Superannuation Fund created hy the said Act upon his lodging an application in the form or to the effect of the Schedule hereto addressed to the Under Secretary or other official head of the Department or Service to AAdiich such person so applying belongs accompanied hy a certificate of the Auditor General endorsed upon such application specifying the amount to Avhich such .person is entitled under this Act ProAuded always that no such deductions shall he refunded to any person to Avhom any pension gratuity or payment shall have been or he granted or made under this or any Imperial or the said repealed Act and that no jAension gratuity or ])ayment under this Act shall he granted or made to any person to Avhom any such deductions shall have been or shall he refunded as aforesaid.
10. I t shall ho laAvful for the GoA^ernor Avith the advice a f o r e s a i d R oa" authorized to be
to raise hy the sale of Treasury Bills or Debentures secured upon the
Consolidated UoA'cnuc Fund and hearing interest at a rate not exceed
| ing four pounds per centum per annum tlie respective amounts required | - |
| for the purpose of paying the arrears of ]ionsions and gratuities and for the refunding of deductions authorized by this Act Provided that not less than one-tenth part of the amounts so to he raised hy Debentures or Treasury Bills shall he paid off out of the said Con solidated Bevenue Fund on or before the thirty-first day of March one thousand eight hundred and seA’enty-four and on or before the corresponding day of each succeeding year the like proportion of one-tenth of the said amounts shall ho paid off in like manner until the Avhole of the said loan ho extinguished And all sums horroAved | |
| u nd er this Act shall ho paid to the Colonial Treasurer and he hy | |
| him placed to a separate credit to he called the “ Superannuation llepeal Fund ” and no part of the money so horroAved shall on any |
pretence
| G4 | No. 29. | 36“ VIC. | 1873. |
Su])erannuation Act Mepeal.
pretence he paid used or applied directly or indirectly either iem- porarily or otherwise to or for any purpose other than the purposes mentioned in this section.
| Governor by | 11. The Colonial Treasurer shall cause the amounts of the said to he refunded to he paid in such manner as the Governor hy any Warrant or order in writing under his hand and directed to the said Treasurer shall from time to time order and direct and the payments so to he made shall he charged upon and payable out of the said “ Superannuation llepeal Tund.” |
| warrant to aiitborizo | |
| payment by Colonial | pensions in arrear authorized gratuities and of the deductions so |
| Treasurer. | |
| Treasurer to bo | |
| allowed credit for | 12. The said Treasurer shall in his accounts from time to time pursuance of such warrant or order in Avriting as aforesaid and the receipt or receipts of the respective persons to Avhom the same shall he so paid shall he a full and valid discharge to the said Treasurer in passing his said accounts for any such sum or sums as shall he therein mentioned and he shall receive credit for the same accordingly. |
| payments tlxere- | he allowed credit for any sum or sums of money paid hy him in |
| under. | |
| Certain claims only | |
| to be rocognized. | 13. Iso claim to a pension superannuation allowance gratuity payment or henefit svhatsoever under the said repealed Act other than so far as the same are expressly continued or confirmed hy this Act shall after the passing of this Act he recognized as binding on the Government under the provisions of the said repealed Act Provided always that nothing in this Act shall be deemed to alter or affect the Constitution Act or any Instruction issued hy Her Majesty to the Governor in pursuance thereof or to prejudice or affect the rights of any members of the Civil Service in office at the time of the passing of this Act and who shall not have received any refund of deductions under the ninth section hereof to any pensions or superannuation allowances to which they may claim to he entitled by A’irtue of any Imperial Act Order in Council or Instruction as aforesaid. |
| Sliort lille. | 14. This Act may he cited as the “ Superannuation Act Repeal |
Act of 1873.”
SCHEDULE.
(Date)
I (state name and official cfrade') hereby request that tlie deductions heretofore made from my salary as coutributious to the 8uj)erannuation Fund under the authority of the Superannuation Act of ISGi with interest thereon at the rate of five jiounds per centum per annum may be refunded to mo in terms of the ninth section of the Superannuation Act Eepeal Act of 1873.
(Signed)
Endorsement o f Auditor General.
I certify that A.D. occupies the official grade stated in this application and tliat
ho has contributed to the Superannuation I’uud the aggregate sum of a.s specified
in the margin and that he is entitled under the “ Superannuation Act Repeal Act of
| 1873” to the refund of the said sum together with | as interest thereon. |
C.E.
| (Date) | Auditor Genei’al. |
No. XXX.
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