Superannuation (Amendment) Act 1957 (NSW)

SUPERANNUATION (AMENDMENT) ACT.

Act No. 25 ,1957.

An Act to make further provision with respect to contributions to the State Superannuation Fund; for this purpose to amend the Super­ annuation Act, 1916, and certain other Acts; and for purposes connected therewith. [Assented to, 30th April, 1957.]

BE it enacted by the Queen 's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Pa r l i amen t assembled, and by the au thor i ty of the same, as follows:—
1. (1) This Act may be cited as the " Superannua t ion (Amendment) Act, 1957."
(2) The Superannua t ion Act, 1916, as amended by subsequent Acts and by this Act, m a y be cited as the Superannua t ion Act, 1916-1957.
2. The Superannua t ion Act, 1916, as amended by sub­ sequent Acts , is amended—

(a)	by inserting at the end of section eleven the following new subsections:—
(3) W h e r e a person who ceased to be a contri­ butor by reason of his res ignat ion, p u r s u a n t to section two of the Const i tut ion (Public Service) Amendment Act, 1916, from the public service of New South Wales , including the public service of any depa r tmen t or branch of the Government of the said Sta te , and who thereaf ter ceased to be

be a member of the Legislat ive Assembly of New South Wales without being entitled to a pension under the Legislat ive Assembly Members Super­ annuat ion Act, 1946, as amended by subsequent Acts , re-entered or re-enters the said public ser­ vice within two months after he ceased or ceases to be a member of tha t Assembly, he may elect to take the benefit of this subsection.

Upon the election taking effect the following

provis ions shall app ly to or in respect of h im:—

(a) He may resume the payment of his con­ t r ibut ions as if there had been no break in his employment if for thwith upon the election tak ing effect—

(i)   he pays into the Fund all moneys received by him from the F u n d consequent upon his res ignat ion as aforesaid together wi th in teres t thereon a t the r a t e of th ree and one- half pe r centum per annum

compounded annua l ly ; and

(ii)   he pays into the Fund, or makes provis ion to the sat isfact ion of the Boa rd for the payment into the F u n d of, the contr ibut ions tha t would have been payable by h im into the F u n d dur ing the per iod from the date of his

res ignat ion as aforesaid to the date when his election took
effect had he not resigned as
aforesaid, toge ther with in teres t thereon a t the ra te of three and one-half pe r centum
per annum compounded
annua l ly ;
(b)	Upon the receipt of a certificate signed
by the secre tary of the Boa r d s ta t ing

tha t the provis ions of p a r a g r a p h (a) of this subsection have been complied with,

his

his employer shall contr ibute to the F u n d the contr ibut ions tha t would have been payable by the employer into the F u n d dur ing the per iod re fe r red to in s u b p a r a g r a p h (ii) of p a r a g r a p h (a) of this subsection in respect of him had he not res igned as aforesaid, together wi th in te res t thereon a t the r a t e of th ree and one-half pe r centum per

annum compounded	annua l ly ;
(c)	If upon the election taking effect he does not for thwith resume the payment of his contr ibut ions as aforesaid he shall, subject to this Act, contr ibute to the F u n d according to his age a t the t ime of his re -ent ry into the said public service as aforesaid.

A n election unde r this subsection shall be in wr i t ing and be forwarded so as to be received in the office of the Board—

(i)   where he re-enters the said public ser­ vice as aforesaid after the commence­ ment of the Superannua t ion (Amend­ ment) Act, 1957—within two months

after the date of r e -en t ry ;

(ii)   where he re-entered the said public service as aforesaid before t ha t com­ mencement—within two months after

tha t commencement,

and shall take effect from the da te upon which

i t is so received.

A n y such election shall be void unless made in the manne r and within the per iod prescr ibed therefor .

(4) W h e r e a person who has resumed pay­ ment of his contr ibut ions in accordance with p a r a g r a p h (a) of subsection three of this section is, within three yea r s af ter he so resumes payment of his contr ibut ions, r e t i red from the service of his employer on the grounds of

inval idi ty

inval idi ty or physical or menta l incapaci ty to pe r fo rm his duties , he shall not be enti t led to a pension but shall be pa id a lump sum equal to the contr ibut ions pa id by h im into the Fund .

(b) by inserting next after section twelve the following new sect ion:—

12A. (1) I n this section " t h e prescr ibed a g e " means—

(a)	in the case of an employee who, being a woman contr ibutor , elected to contri­ bute a t the r a t e prescr ibed for re t i re ­ ment a t age fifty-five, the age of fifty-
five y e a r s ;
(b)	in the case of any other employee, the age of sixty years .

(2) W h e r e af ter the commencement of

the Superannua t ion (Amendment) Act, 1957—

(a) the salary of an employee who has, whether before or af ter tha t commence­ ment , reached the prescr ibed age is increased from one sa la ry g roup as set out in the scale in subsection one of section twelve of this Act to a higher sa la ry g roup as set out in t ha t scale; and

(b) the number of units of pension speci­ fied in t ha t scale opposite t ha t h igher sa la ry g roup is g rea t e r t h a n the number of uni t s of pension for which he is a contr ibutor ,

he m a y elect to contr ibute for an addi t ional uni t or uni t s of pension, but so t h a t the to ta l number of uni t s of pension for which he is a contr ibutor shall not exceed the number of un i t s of pension specified in t ha t scale opposi te the sa la ry g roup in which his sa la ry falls.

W h e r e

W h e r e an employee reached the prescr ibed age on or af ter the first day of Ju ly , one thousand nine hundred and fifty-five, bu t before the commencement of the Superannua t ion (Amendment) Act, 1957, and on or after the da te on which he reached the prescr ibed age but before t h a t commencement his sa la ry was increased from one sa la ry g roup as set out in the scale in subsection one of section twelve of this Act to a h igher sa la ry g r o u p as set out in t ha t scale, his s a l a ry shall, if he is an employee a t t ha t commencement, be deemed, for the pur­ poses of this subsection to have been increased immediately af ter t ha t commencement from a lower sa la ry g roup as set out in t ha t scale to the sa la ry g roup set out in t ha t scale in which his sa la ry falls a t tha t commencement.

An election under this subsection shall be in wr i t ing and shall be fo rwarded so as to be received in the office of the Board—

(i)   within a period of three months after the da te upon which sa l a ry a t the increased r a t e is actual ly pa id or, in the case of an employee to whom the last preceding p a r a g r a p h applies, within three months after the com­ mencement of the Superannua t ion (Amendment) Act, 1957; or

(ii)   within such further period as the Board may, in special circumstances, allow.

Any such election shall be void unless made in the manner and within the per iod or extended per iod refer red to in this subsection.

(3)	W h e r e —
(a)	before the first day of July, one thousand nine hundred and fifty-five, an employee had reached the prescr ibed
a g e ; and

(b)

(b) the number of units of pension for which he is a contr ibutor a t the com­ mencement of the Supe rannua t ion (Amendment ) Act, 1957, is less t h a n the number of uni t s of pension specified in the scale in subsection one of section twelve of th is Act opposi te the sa l a ry g roup in which his sa la ry falls a t t h a t commencement,

he may, if he is an employee a t t h a t commence­ ment , elect to cont r ibute for an addi t ional un i t or uni t s of pension, but so t h a t the to ta l number of un i t s of pension for which he is a contr ibutor shall no t exceed the number of uni t s of pension specified in tha t scale opposi te the sa la ry g roup in which his sa la ry fell a t t h a t commencement.

A n election unde r th is subsection shall be in wr i t ing and shall be forwarded so as to be received in the office of the B o a r d wi thin a per iod of th ree months af ter the commence­ ment of the Superannua t ion (Amendment ) Act, 1957, or within such fur ther per iod as the B o a r d may, in special circumstances, allow.

A n y such election shall be void unless m a d e

in the manner and within the per iod or extended

per iod re fe r red to i n this subsection.

Noth ing in this subsection shall be const rued

as l imit ing the operat ion of subsection two of

th is	section.
(4) The provis ions of this section shall

have effect no twi ths tand ing	any th ing	elsewhere
contained in this Act.

W O R K E R S '