Parliamentary and Judicial Retiring Allowances Act 1973
AN ACT
Relating to Parliamentary and Judicial Retiring Allowances.
[Assented to 8 June 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Part I—Preliminary
Short title.
1. This Act may be cited as the Parliamentary and Judicial Retiring Allowances Act 1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Part II—Parliamentary Retiring Allowances
Citation.
3. (1) The Parliamentary Retiring Allowances Act 1948-1968 is in this Part referred to as the Principal Act.
(2) The Principal Act, as amended by this Part, may be cited as the Parliamentary Retiring Allowances Act 1948-1973.
Parts.
4. Section 3 of the Principal Act is repealed.
5. Section 4 of the Principal Act is repealed and the following section substituted:—
Interpretation.
“4. (1) In this Act, unless the contrary intention appears—
‘annuity’ means annuity under this Act;
‘Commonwealth supplement’ means the amount of the Commonwealth supplement ascertained in accordance with section 16;
‘contributions’ means contributions under Part IV,
‘House’ means a House of the Parliament;
‘life policy’ means a life policy as defined by sub-section (1) of section 4 of the Life Insurance Act 1945-1965;
‘member’ means a member of either House;
‘parliamentary allowance’ means the allowance paid to a member—
(a) under section 3 of the Parliamentary Allowances Act 1920 or of that Act as amended; or
(b) under sub-section (1) of section 4 or sub-section (1) of section 5 of the Parliamentary Allowances Act 1952 or of that Act as amended,
and includes the allowance so paid, to a person who has been a member, from and including the day of dissolution or expiration of the House of which he was a member to and including the day to which the allowance was reckoned by virtue of section 4 or section 5 of the Act referred to in paragraph (a) or is reckoned by virtue of sub-section (4) of section 4 or sub-section (5) of section 5 of the Act referred to in paragraph (b);
‘participant’, in relation to a superannuation scheme applying in relation to any employment, means any person employed in that employment in respect of whom benefits are applicable under the scheme by reason of his being so employed, whether or not he has made contributions under the scheme;
‘period of service’, in relation to a member or former member, means (subject to section 20) the period, or the sum of the periods (whether continuous or not), whether before or after the commencement of this Act, during which the member or former member was entitled to a parliamentary allowance, and includes—
(a) any period that is deemed to be included in the period of service of the member or former member by virtue of section 20a; and
Overview
The Parliamentary and Judicial Retiring Allowances Act 1973 was enacted to address gaps in the existing legislation concerning the retirement benefits for members of Parliament and judges. This Act updated and consolidated the Parliamentary Retiring Allowances Act 1948-1968 and the Judges' Pensions Act 1968, integrating them into a single framework to streamline the administration and implementation of retirement benefits. It was passed by the Australian Parliament and received Royal Assent on 8 June 1973. The policy objective was to ensure that parliamentarians and judges receive fair and consistent retirement benefits that reflect their service and contributions. The Act established clear provisions for the calculation, payment, and adjustment of retiring allowances and pensions, taking into account various factors such as the duration of service, age, and the nature of retirement.
Scope and Application
The Parliamentary and Judicial Retiring Allowances Act 1973 applies to members of the Australian Parliament and federal judges, providing for their retiring allowances and pensions. The Act primarily applies to individuals who are or have been members of the Australian Parliament and federal judges. It covers their entitlements to retiring allowances and pensions based on their years of service, including adjustments for periods of service in state parliaments and certain superannuation schemes. The Act also addresses the payment of benefits to widows, widowers, and children of deceased members and judges. The Act extends to the whole of Australia as a Commonwealth legislation, and its provisions are not subject to state laws. There are no specific exclusions mentioned in the text, but the Act's benefits are contingent upon certain conditions being met, such as the length of service and the nature of retirement. The Act includes provisions for the Trust to make determinations and for the Commonwealth to make payments for the purposes of the Act.
Key Provisions
- The Parliamentary and Judicial Retiring Allowances Act 1973 (Act) primarily revises the Parliamentary Retiring Allowances Act 1948-1968 and the Judges' Pensions Act 1968 to update terminology, modify eligibility criteria, and adjust benefits. It introduces new terminology such as "retiring allowance" instead of "pension" and redefines "appropriate current judicial salary" and "eligible child." It modifies eligibility criteria by, for example, adjusting the period of service required for a full retiring allowance from 10 to 8 years and ensuring that members who retire due to ill-health can be deemed to have served the full 8 years. Benefits are now payable by the Commonwealth instead of the Parliamentary Retiring Allowances Trust. The Act also introduces provisions for members who have participated in certain superannuation schemes, allowing them to pay transfer values to the Commonwealth in exchange for increased service periods and potential benefits.
- The Act imposes obligations on members, former members, and the Commonwealth. Members must contribute to the Commonwealth and may need to pay transfer values from previous employment to qualify for benefits. The Commonwealth is responsible for calculating and paying retiring allowances, annuities, and other benefits, and for managing the Parliamentary Retiring Allowances Trust. The Trust is tasked with determining the appropriate benefits and managing the assets vested in it.
- Breaches of the Act could lead to civil or criminal consequences. For instance, failing to make required contributions or payments could result in the denial of benefits. Additionally, any misuse of benefits or fraudulent claims could lead to legal action, including fines or imprisonment. The specific penalties are not detailed in the text but would typically be determined by the courts based on the nature and severity of the offence.
- Area of Law
- Pension Law
- Employee Benefits Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Licensing & Registration
- Repeal & Amendment
- Regulatory Standards
- Transitional Provisions