Parliamentary Retiring Allowances Act 1955

Administered by Department of Finance

Legislation au C1955A00030 In force Act

Legislation content

PARLIAMENTARY RETIRING ALLOWANCES.

 

No. 30 of 1955.

An Act to amend the Parliamentary Retiring Allowances Act 1948–1952.

[Assented to 15th June, 1955.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Parliamentary Retiring Allowances Act 1955.

(2.) The Parliamentary Retiring Allowances Act 1948–1952 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Parliamentary Retiring Allowances Act 1948–1955.

Commencement.

2. This Act shall come into operation on the sixteenth day of June, One thousand nine hundred and fifty-five.


Periodical actuarial investigations.

3. Section twelve of the Principal Act is amended by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-sections:—

“(4.) In the report on the second investigation made by the Commonwealth Actuary under this section, the Commonwealth Actuary shall certify the amount, if any, which, in his opinion, should be paid into the Fund by the Commonwealth in order to make proper provision for the payment out of the Fund of benefits payable under this Act in relation to periods of service before the commencement of the Parliamentary Retiring Allowances Act 1955.

“(5.) The Commonwealth shall pay to the Fund such amount, if any, as is determined by resolution of each House after consideration of the report referred to in the last preceding sub-section.”.

Contributions by members.

4. Section thirteen of the Principal Act is amended by omitting from sub-section (1.) the words “One hundred and fifty-six pounds” and inserting in their stead the words “Two hundred and thirty-four pounds “.

5. Section fourteen of the Principal Act is repealed and the following section inserted in its stead:—

Contributions by Commonwealth.

“14. The Commonwealth shall pay into the Fund—

(a) in respect of a pension under section eighteen of this Act at a rate not exceeding Twelve pounds per week or a pension under section nineteen of this Act—an amount per week equal to sixty per centum, of the rate of the pension per week;

(b) in respect of a pension under section eighteen of this Act at a rate exceeding Twelve pounds per week—an amount per week equal to the aggregate of Seven pounds four shillings and the amount by which the rate of the pension per week exceeds Twelve pounds;

(c) in respect of a pension under section nineteen a of this Act— an amount equal to each amount of pension paid; and

(d) an amount equal to the Commonwealth supplement payable to a person.”.

Benefits to members.

6. Section eighteen of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) In the case of a member who does not retire voluntarily, the benefit shall be—

(a) where his period of service is not less than eight years or he has, on at least three occasions (including occasions before the commencement of this Act), ceased to be a member by reason of the dissolution or expiration of the House


of which he was a member or by reason of the expiration of his term of office—

(i) if he has attained the age of forty-five years before he ceases to be entitled to a parliamentary allowance—a pension at the rate of Twelve pounds per week during his life-time; or

(ii) if he has not attained that age—a pension at the rate of Twelve pounds per week during his life-time, but commencing on the day on which he attains the age of forty-five years; or

(b) in any other case—a refund of his contributions together with a payment of the Commonwealth supplement.

“(2a.) Where a person has been appointed to hold the place of a senator by the Governor of a State under section fifteen of the Constitution, his ceasing to be a member upon the expiration of fourteen days after the beginning of the next session of the Parliament of the State or upon the election of a successor, as the case may be, shall not be taken into account for the purposes of paragraph (a) of the last preceding sub-section.”;

(b) by omitting from sub-section (3.) the words “Eight pounds” and inserting in their stead the words “Twelve pounds”; and

(c) by omitting from sub-section (5.) the words “Two pounds” and inserting in their stead the words “Three pounds”.

Benefits on death of member.

7. Section nineteen of the Principal Act is amended—

(a) by omitting from sub-sections (2.) and (4.) the words “Five pounds” and inserting in their stead the words “Ten pounds “; and

(b) by omitting sub-sections (4a.) and (4b.).

Re-election.

8. Section twenty of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Subject to this section, where a person has received under this Act an amount being a refund of contributions or a payment of Commonwealth supplement, or both, and that person again becomes a member, any part of the period of service of that member, and any occasion on which he ceased to be a member, before he became entitled to that amount shall not be taken into


account for the purposes of determining his rights in respect of any further benefit under this Act unless, within three months, or, if the Trust so allows, six months, after he again becomes a member, he contracts with the Trust, in the manner required by the Trust, to repay that amount to the Trust within three years.”; and

(b) by omitting from paragraph (b) of sub-section (4.) the words “by virtue of the pensioner’s own period of service” and inserting in their stead the words “by virtue of having become a member “.

Increased pensions payable to existing pensioners.

9. A person who, immediately before the commencement of this Act, was entitled to pension under the Principal Act shall, after the commencement of this Act, be entitled to pension in accordance with the Principal Act as amended by this Act.

 

Overview

The Parliamentary Retiring Allowances Act 1955 was enacted to amend the existing Parliamentary Retiring Allowances Act 1948–1952. This legislation was introduced to address the need for updating and enhancing the retirement benefits provided to members of the Australian Parliament. The Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and received assent on 15th June, 1955. The primary policy objective of this Act is to ensure proper provision for the payment of benefits to members who retire or cease to be members of Parliament by making adjustments to the contributions and pensions, as well as modifying the conditions for eligibility of benefits. The Act updates various aspects of the previous legislation, including the amount of contributions made by members and the Commonwealth, the benefits payable to members upon retirement or death, and the conditions under which re-elected members can access their previously received refunds or supplements. The Parliamentary Retiring Allowances Act 1955 ensures that existing pensioners continue to receive their pensions according to the amended provisions, providing them with financial security during their retirement.

Scope and Application

The Parliamentary Retiring Allowances Act 1955 applies to members of the Parliament of the Commonwealth of Australia, specifically targeting those who have served in the Parliament and are eligible for retiring allowances. This Act amends the existing Parliamentary Retiring Allowances Act 1948–1952, enhancing the benefits and contributions for members who serve in the Parliament. The Act applies to all members of the Parliament, irrespective of whether they serve in the House of Representatives or the Senate, and governs the financial provisions for their retirement. It encompasses both current and past members who have completed their service and are eligible for benefits, as well as the Commonwealth which is responsible for making contributions to the Fund. The Act's amendments extend to the adjustments of contribution rates, pension rates, and the conditions under which benefits are paid, reflecting a broader scope of financial support for parliamentary members post-retirement. The geographic reach of the Act is limited to the Commonwealth, with no specific exclusions or exemptions outlined in the text provided, and it does not extend its application through subordinate instruments. The Act, which came into operation on the 16th of June 1955, details specific changes to the contribution rates for both members and the Commonwealth, the conditions under which pensions and other benefits are paid, and the circumstances under which refunds of contributions and payments of Commonwealth supplements are made. These provisions ensure that members who have served for a certain period or under specific conditions are eligible for a pension or refund, while also detailing the financial responsibilities of the Commonwealth towards the Parliamentary Retiring Allowances Fund.

Key Provisions

The Parliamentary Retiring Allowances Act 1955 amends the Parliamentary Retiring Allowances Act 1948–1952, providing updated provisions for the allowance scheme for members of Parliament. Key changes include the replacement of the previous annual contribution amount from £156 to £234 (sections 3 and 4). The Commonwealth's contributions to the Fund are adjusted to cover varying rates of pensions and supplements (section 5). Benefits for members have been updated: members who do not retire voluntarily but have at least eight years of service or have ceased membership at least three times will receive a pension of £12 per week if they are over 45, or starting when they turn 45 if they are under 45 (section 6). The death benefit for a member has been increased from £5 to £10 (section 7). Re-elected members must repay any previous refunds or supplements within three to six months to retain their previous service period for benefit calculations (section 8). Existing pensioners continue to receive benefits under the amended Act (section 9). Under this Act, members must contribute £234 annually to the Parliamentary Retiring Allowances Fund (section 4). The Commonwealth is responsible for making contributions to the Fund based on the rate of pensions and supplements payable (section 5). Members who have not voluntarily retired and meet specific service criteria will receive a pension of £12 per week (section 6). Members who die while in office will have their beneficiaries receive a payment of £10 (section 7). Re-elected members who have previously received refunds or supplements must contract with the Trust to repay these amounts within three years to retain their previous service for benefit calculations (section 8). Existing pensioners will continue to receive their pensions under the updated terms of the Act (section 9). Breaches of the obligations and requirements imposed by this Act may result in legal consequences. While the Act does not explicitly outline specific offences or penalties, any failure to comply with the contribution requirements or repayment obligations could potentially be viewed as breaches of trust or contract, leading to legal actions for recovery of funds or other remedies. Additionally, non-compliance with the conditions for retaining previous service periods for benefit calculations could result in the loss of those periods, affecting the member's entitlements. The maximum penalties or consequences, however, are not specified within the Act itself and would likely be determined by the courts in the context of any legal proceedings.

Legal classification tags

Area of Law
Employee Benefits Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Rights & Protections

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.