Parliamentary Retiring Allowances (Increases) Act 1967
No. 92 of 1967
An Act to provide for Increases in certain Parliamentary Retiring Allowances
Contents
1 Short title
2 Commencement
3 Increases in rates of certain pensions
4 Increases in rates of pensions in relation to certain persons who were members of the twenty‑fourth Parliament
5 Commonwealth to reimburse Fund for increases in pensions
6 Application of Parliamentary Retiring Allowances Act 1948‑1966
7 Application
Parliamentary Retiring Allowances (Increases) Act 1967
No. 92 of 1967
An Act to provide for Increases in certain Parliamentary Retiring Allowances
[Assented to 8 November 1967]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Parliamentary Retiring Allowances (Increases) Act 1967.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Increases in rates of certain pensions
(1) A person:
(a) who was, immediately before the commencement of this Act, entitled to a pension in accordance with the Parliamentary Retiring Allowances Act 1948‑1955; or
(b) who was, immediately before the commencement of this Act, entitled to a pension in accordance with the Parliamentary Retiring Allowances Act 1948‑1959 and in relation to whom, or, in the case of a person to whom pension was payable as a widow, in relation to whose deceased husband, section 18 of the Parliamentary Retiring Allowances Act 1964‑1966 applied,
is entitled to an increase in the rate of that pension in accordance with the following table:
Weekly amount of pension
| Weekly amount of increase in pension |
$ | $ |
30.00 | 18.16 |
33.00 | 23.89 |
36.00 | 21.79 |
42.00 | 21.79 |
(2) Where a male person the rate of whose pension is increased under the last preceding subsection dies, any pension to which his widow becomes entitled in accordance with paragraph (a) of subsection (2) of section 19 of the Parliamentary Retiring Allowances Act 1948‑1955 or of the Parliamentary Retiring Allowances Act 1948‑1959, as the case may be, shall be at the rate of Forty‑eight dollars sixteen cents a week.
4 Increases in rates of pensions in relation to certain persons who were members of the twenty‑fourth Parliament
(1) A person who was, immediately before the date of commencement of this Act, entitled to a pension in accordance with the Parliamentary Retiring Allowances Act 1948‑1959 and in relation to whose pension a provision of section 17 of the Parliamentary Retiring Allowances Act 1964‑1966 applied immediately before that date is entitled to an increase in the rate of that pension in accordance with the following table:
Annual amount of pension | Annual amount of increase in pension |
$ | $ |
2,291.67 | 437.50 |
2,750.00 | 525.00 |
3,062.00 | 525.00 |
(2) Where a male person the rate of whose pension is increased under the last preceding subsection dies, any pension to which his widow becomes entitled in accordance with paragraph (a) of subsection (2) of section 19 of the Parliamentary Retiring Allowances Act 1948‑1959 shall be at the rate of Two thousand seven hundred and twenty‑nine dollars seventeen cents.
5 Commonwealth to reimburse Fund for increases in pensions
Where an amount of pension paid to a person (including a pension that becomes payable to the widow of a person who dies after the commencement of this Act) is, by virtue of this Act, greater than it would otherwise be:
(a) the amount by which the amount of pension so paid is greater (in this section referred to as the amount of the increase) shall, for the purposes of paragraph (a) of section 14 of the Parliamentary Retiring Allowances Act 1948‑1966, be deemed not to have been paid;
(b) the Commonwealth shall pay to the Parliamentary Retiring Allowances Fund an amount equal to the amount of the increase; and
(c) the Consolidated Revenue Fund is, to the necessary extent, appropriated for the purposes of the last preceding paragraph.
6 Application of Parliamentary Retiring Allowances Act 1948‑1966
(1) The reference in subsection (2) of section 9 of the Parliamentary Retiring Allowances Act 1948‑1966 to moneys paid into the Parliamentary Retiring Allowances Fund by the Commonwealth in pursuance of that Act shall be read as including a reference to moneys paid into that Fund by the Commonwealth in pursuance of this Act.
(2) The reference in subsection (3) of section 9 of the Parliamentary Retiring Allowances Act 1948‑1966 to pensions and other benefits provided by that Act shall be read as including a reference to increases in pensions payable by virtue of this Act.
(3) The reference in section 9B of the Parliamentary Retiring Allowances Act 1948‑1966 to payments by the Commonwealth to the Parliamentary Retiring Allowances Fund under that Act shall be read as including a reference to payments by the Commonwealth to that Fund under this Act.
7 Application
Increases in pensions payable by virtue of subsection (1) of section 3 and subsection (1) of section 4 of this Act have effect from and including the first fortnightly payment of pensions made after the date of commencement of this Act.
Overview
The Parliamentary Retiring Allowances (Increases) Act 1967 was enacted by the Parliament of Australia to provide for increases in certain parliamentary retiring allowances. This Act was necessary to address the need for adjustments to the pension rates of former members of parliament and their widows, ensuring that the benefits remained commensurate with the cost of living and inflation. The policy objective of this Act is to provide equitable and fair increases to the pensions of former parliamentarians and their spouses, reflecting the changing economic conditions since the original allowances were established. The Act specifies the manner in which these increases are to be calculated and the conditions under which they apply, ensuring that the financial support provided to former members of parliament remains relevant and sufficient.
The Parliamentary Retiring Allowances (Increases) Act 1967 ensures that the Commonwealth reimburses the Parliamentary Retiring Allowances Fund for any increases in pension payments made under the Act. This provision guarantees that the financial burden of these increases does not fall solely on the Fund, thereby maintaining the stability and sustainability of the pension scheme. The Act also clarifies how the increased pension rates apply to specific categories of former parliamentarians and their widows, ensuring that all eligible individuals receive the appropriate benefits.
Scope and Application
The Parliamentary Retiring Allowances (Increases) Act 1967 applies to individuals who were entitled to a pension under the Parliamentary Retiring Allowances Act 1948-1955 or the Parliamentary Retiring Allowances Act 1948-1959 as of the commencement of this Act, as well as to those who were entitled to a pension under the Parliamentary Retiring Allowances Act 1948-1959 and in relation to whom certain provisions of the Parliamentary Retiring Allowances Act 1964-1966 applied. This Act mandates increases in the rates of pensions for these individuals, as outlined in the Act. The Commonwealth is obligated to reimburse the Parliamentary Retiring Allowances Fund for any increases in pension amounts paid to recipients, ensuring that the Fund remains financially supported. The Act extends to the whole of Australia and is applicable to both individuals and their widows, providing specific increases in pension rates.
The Parliamentary Retiring Allowances (Increases) Act 1967 does not exclude any persons or entities from its application, nor does it specify any exemptions or thresholds. The Act's provisions apply universally to all eligible individuals within the specified categories. While the primary application is nationwide, the Act also amends and incorporates references into the Parliamentary Retiring Allowances Act 1948-1966, thereby ensuring consistency and continuity in the administration of pension increases. The Act does not extend its application through subordinate instruments but rather operates directly within its defined scope.
Key Provisions
The Parliamentary Retiring Allowances (Increases) Act 1967 (C1967A00092) provides for increases in certain parliamentary retiring allowances. Specifically, Section 3 outlines that individuals who were entitled to a pension under the Parliamentary Retiring Allowances Act 1948-1955 or 1948-1959, and those whose pensions were subject to Section 18 of the Parliamentary Retiring Allowances Act 1964-1966, will receive an increase in their pension rates. These increases are determined by specific tables within the Act. Furthermore, Section 4 stipulates that individuals who were members of the twenty-fourth Parliament and entitled to a pension under the Parliamentary Retiring Allowances Act 1948-1959, where Section 17 of the Parliamentary Retiring Allowances Act 1964-1966 applied, will also receive increased pension rates. If the male pension recipient dies, the widow is entitled to a pension at a rate of $48.16 per week or $2,729.17 per year, as outlined in Sections 3(2) and 4(2), respectively.
The Act imposes several obligations and requirements on the Commonwealth and the Parliamentary Retiring Allowances Fund. Under Section 5, the Commonwealth is required to reimburse the Parliamentary Retiring Allowances Fund for any increases in pension amounts paid to recipients, including widows of deceased pensioners. This reimbursement ensures that the Fund remains financially balanced despite the increased pension payments. Additionally, Section 6 clarifies that references to moneys paid into the Fund by the Commonwealth, pensions and benefits provided by the Act, and payments by the Commonwealth to the Fund, include those made under this Act. This ensures the new provisions are incorporated into existing administrative and financial frameworks.
Failure to comply with the requirements of the Parliamentary Retiring Allowances (Increases) Act 1967 can result in civil and criminal consequences. The Act itself does not explicitly state specific offences or penalties for breaches; however, non-compliance with pension increases or reimbursement obligations could potentially lead to legal actions under the broader legislative framework governing parliamentary allowances. The maximum penalties for such breaches would be determined by the relevant authorities under existing laws pertaining to financial mismanagement or non-compliance with legislative requirements.