Superannuation (Amendment) Act 1928 (NSW)
430 Superannuation (Amendment) Act.
SUPERANNUATION
(AMENDMENT) ACT.
Act No. 47, 1928.
| George V, | An Act to provide that certain employees of the |
| No. 47,̂ 928. | Sydney Harbour Trust Commissioners shall receive certain superannuation benefits; to provide that the costs of management of the Superannuation Fund shall be paid out of that Fund; to amend the Sydney Harbour Trust Act, 1901, the Superannuation Act, 1916, and certain other Acts; and for pur poses connected therewith. [Assented to, 29tli December, 1923.] |
T ) E it ('n:ict(\l by the Kind’s Atost Exccdlcnt Majesty, .1 ) liy niitl M'itli the advice and consent of the Ijfigis- lative Conncii and Legislative Assembly of Now South AValos in Parliament assembled, and by the authority of the same, as follons :—
| Stiort. title. | 1 , |
(1) This Act may be cited as the “ Superannuation (Amendment) Act, 19*28.”
| Defiitition. | (2) Tli{̂ Superannuation Act, 1919, as amended by subsequent Acts, is in this Act referred to as the Principal A<‘t. |
| (3) Tlie Princi])al Act, as amended by this Act, may be cited as the Superannuation Acts, 1916-1928. | |
| (4) This Act shall commence on a clay to he appointed by tlie Governor and notified by proclamation publishcfl in tbe Gazette. |
| Grading of | 2 . (1) 9’he Sydney Harbour Trust Commissioners |
| employees of |
| Sydney | shall as sooii as practicable after tlie commeiicement of |
| Harbour | this Ac;t grade tin; persons employed by them and |
| Trust Com | |
| missioners. | certify to tlie Superannuation Board which of suel; persons arc persons udio if in Ihc Public Service would usually be paid by salary fi.xed at au annual rate. |
| ■ | (2) |
| Superannuation (Amendment) Act. | 431 |
(2) Tlic certificate sliall l)e made as at tlic date of the commencemeiit of tliis Act, and as from that date any person named in the certificate wlio was then so employed and as from the date of his appointment any person named in a like certificate who is employed after such date shall be entitled and be required to contribute to the Superannuation Fund and be entitled to benefits in accordance with tbe Principal Act as amended by this Act.
(3) Tbe certificate shall be published in tbe Gazette and laid before both Houses of Parliament as soon as practicable after it has been received by the Governor,
(4) The Commissioners shall in the certificate assign to each person an annual rate of salary, and shall not after the commencement of this Act make appointments to fill any of the positions of any person named in the certificate or any like position at a daily or weekly wage.
(5) Any dispute as to the insertion or omission from the certificate of the name of any person shall be determined in accordance witli section eighty-five of the Superannuation Acts,
3 , Tlie Ih'incipal Act is amended as follows ;—
| (a) | by inserting in section thirty-four after sub-iStic. section one tlie following new subsection:— |
(1a) Any eni[doyec of tbe Sydney H arbour (fiydney
Trust Commissioners who—
| (a) | lias served for at least ten years before the date of the commencement of the | ||
|
1928; and
| (b) | Avas of or over the age of sixty years at such commencement, |
may be retired at any time after the said com mencement at a pension in accordance with salary as set out in section twelve, Init not exceeding one hundred and four pounds per annum, without paying any contribution to the fund.
Any
432 Superannuation (Amendment) Act.
| Nr, | 1828. |
Any such pension shall be payable from the date of retirement and shall carry widows’ and children’s benefits as elsewhere in this Act provided.
The provisions of this subsection conferring benefits on the widow and children of an employee of the Sydney Harbour Trust Com missioners shall extend to the widow and children of a person employed hy the Com missioners who before the said commencement bad died while in tbe service of the Commis sioners as if he had been retired on a pension under this section on account of his age on the day immediately preceding the day of his death : Provided that each such person was of a class similar to that which the Commissioners certify under the provisions of the said Act as being paid in the Public Service by salary fixed at an annual rate.
A pension or benefit under this subsection shall he paid out of the funds of the employer but no iieusion or benefit shall he payable in respect of any jieriod prior to the said com mencement.
| Mew B. 35a . | (h) | hy inserting next after section thirty-five the following new section ;— |
| Syilrey |
| Miirbour | 35 a. Any person employed hy the Sydney |
| Trust | Harbour Trust Commissioners who, after the |
| employees : | |
| certain pen | commencement of this Act and before the |
| sions without | comnieneement of the Superannuation (Amend |
| contributicui. | ment) Act, 1928, has been retired or permitted hy his employer to retire and wlio at the time of sueli retirement— |
(a) had served for at least ten years ; and (h) was of or over the age of sixty years,
sliall, if the Commissioners certify tliat he would have been employed at an animal rate of salary had his employment been in the Public Service, he entitled to a pension under this Act in accordance with salary as set out in section twelve of this Act, hut not exceeding four units without paying any contribution to the fund.
Any
| Superannuation (Amendment) Act. | 433 |
Any such pension shall carry widows’ and children’s benefits as elsewhere in this Act provided.
Any pension or benefit under this section shall be paid out of funds of the employer, but no pension or benefit shall be payable in respect of any period prior to the commencement of the Superannuation (Amendment) Act, 1928.
| (c) | by inserting at the end of subparagraph (iii) of paragraph (c) of the proviso to section twelve t)ic following additional subpara graph ;—• |
(iv) the option conferred on employees by this paragraph shall also be exerciseahle hy any person who—
| (a) | was employed hy the Sydney Harbour Trust Commissioners on and since the first day of July, one thousand nine hundred and nineteen at hourly, daily, weekly or fortnightly rates of pay ; and |
| (h) | has been appointed at an annual rate of salary or has such a rate assigned to him in pursuance of the Superannuation (Amend ment) Act, 1928, between the thirtieth day of June, one thou sand nine hundml and twenty, and a date three months after the commencement of such A ct; and |
| (c) | was of or over the age of thirty years on the first day of July, one thousand nine hundred and nineteen, |
and may he so exercised ivithin three months after the date of the com mencement of the Superannuation (Amendment) Act, 1928, subject, however, to the following modifica tion, that is to say—
(i) the rate at which he may elect to contribute for two or two and one-half or three or four units
| p | (according |
| 4 M | Superannuation (Amendment) Act. |
| Ho. 47, 928. |
(according to liis salary as set out in this section) shall be that pi'cscrihetl for the age of thirty- ciglit; and
(ii) contributions shall be made as from the commencement of the
| ||
| Act, 1028. |
| Sec. 21 ( l A ) | (dj hy inserting at the end of subsection (1a) of 'Where such woman contributor is an em ployee of tlie Sydney Harbour Trust Commis sioners and is at the commencement of the Superannuation (Amendment) Act, 1928, of or over the age of fifty-five years, and elects to come under Ibis .subsection, she shall pay one year’s contributions before she retires, or before the thirty-first day of December, one thousand nine hundred and twenty-nine, whichever occurs first. On such payment being so com pleted, she shall on retiring from the service of her employer he entitled to the pension for which she has contributed. |
| (Age of |
| optional re. | section tuTnty-one the folloiving words :— |
| tirem ert.) |
| Sec. 21. | (p) by inserting at the end of section twenty-one (3) Any person who was hy the terms of his employment reijuii ed to give his wliole time to the duties of his employment and wlio prior to the commencement of the Superannuation (Amendment) Act, 1928, ivas paid at an hourly, daily, weekly or fortnightly rate, or hy piece work and who within three months of such commencement is paid at an annual rate shall he entitled to have his employment at such hourly, daily, weekly or fortnightly rate or at piece work counted as service for the purposes of tills section. |
| (Service.) | tlie following new subsection:— |
| Sec. 3,'3 | (1a). | (f) hy inserting at the end of subsection (1a), The provisions of this section shall apply to an employee of the Sydney Harbour Trust Commissioners who had served for at least ten years, and who, between the first day of July, |
| (Break. | section thirty-five, the following words :—■ |
| down.) |
one
| Superannuation (Amendment) Act. | 435 |
one tliousancl nine liundred and nineteen, and tlie commencement of tlic Siiperannuaiion (Amendment) Act, 1928, lias Lcen retired or permitted to retiia; on the i^round tliat owini^ to ill'liealtli he nns unable to continue in his occupation :
Provided that each such jicrson was of a class similar to that which the said Commissioners certify under the provisions of the said Act as being paid in the Public Service liy salary fixed at an annual rate.
| (g) | hy inserting at the end of section sixty-one Suo. an | |
|
Tho provisions of this section shall extend to any employee of the Sydney llarhour Trust Commissioners included in the certificate of the said Commissioners mado in pursuance of section two of the Superannuation (Amend ment) Act, 1928, wlierc his policy of insurance is in force at the commencement of that Act.
4 . (1) Tlie Principal Act is fiivtlier amended by Amoniiinuiit
omitting section eighty-three, and hy iu-serting in lieu
| tliereof tlie following section :—■ | ’ |
83. The cost of niaiiagemcnt shall be a charge Costof
| against and shall be paid out of the fund. | m;ina;'«ment. |
(2) Any jiavincnts made out of the Consolidated llevenuc Fund in respect of management of the Super annuation Fund since the thirtieth day of June, one thousand nine hundred and twenty-eight, shall be repaid to Consolidated Kevenne Fund hy the Board out of the fund.
(3) (a) The provisions of subsection one of this Commenca.
section shall he deemed to liave commenced upon the first day of July, one thousand nine liimdrcd and twenty-eight.
| (h) | The provisions of subsection two of this |
section of this Act shall commence upon the passing of
this Act.
MUNICIPAL
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