Parliamentary Retiring Allowances Regulations (Amendment)

Overview

The Statutory Rules 1975 No. 186, enacted under the Parliamentary Retiring Allowances Act 1948-1973, aim to update and streamline the regulations governing retiring allowances and annuities for members of the Australian Parliament. This legislative instrument, made by the Administrator of Australia on the advice of the Executive Council and signed by the Minister of State for Tourism and Recreation on behalf of the Treasurer, addresses specific issues within the existing regulations to ensure they remain effective and relevant. The policy objective of these regulations is to maintain a coherent and efficient system for the administration of retiring allowances and annuities, ensuring they are paid accurately and on time. By amending definitions, payment schedules, and procedural requirements, the regulations seek to provide clarity and reduce administrative burdens for both the Trust and the Parliament members.

Scope and Application

The Parliamentary Retiring Allowances Regulations 1975, made under the Parliamentary Retiring Allowances Act 1948-1973, apply to individuals who are entitled to retiring allowances or annuities under the Act, which includes former members of the Parliament of Australia and their spouses. These Regulations cover the administrative processes surrounding the payment of such allowances and annuities, including the schedule for payment and the requirements for elections, options, and revocations related to these benefits. The geographic reach of these Regulations is nationwide, given that the Act and its regulations govern benefits for former members of the federal Parliament. The Regulations stipulate that retiring allowances and annuities are to be paid fortnightly, aligning with the payment schedule of pensions under the Superannuation Act 1922-1974. Furthermore, they outline the necessity for members to provide specific personal and marital status evidence to the Trust, which is responsible for the administration of these benefits, to facilitate the correct calculation and disbursement of allowances. The Regulations also detail the procedure for making elections, exercising options, and revoking certain decisions, requiring these actions to be communicated in writing either by delivery or by post to the Trust.

Key Provisions

The key provisions of these regulations are primarily found in the amendments and substitutions of existing regulations under the Parliamentary Retiring Allowances Act 1948-1973. Regulation 2 is amended by removing the definition of "the Treasury Regulations," while Regulation 3 is substituted to specify that retiring allowances and annuities are to be paid fortnightly on the same day as pensions under the Superannuation Act 1922-1974 (subsection 3(1)). It also details how the amount for a period less than a fortnight is calculated (subsection 3(2)). Regulation 4 is repealed, and Regulation 5 is amended to clarify that elections, options, and revocations must be made in writing and either delivered to an authorized person or sent by post to the Trust (subsection 4(2)). Regulation 5a is repealed and replaced to require members to provide evidence of their date of birth, marital status, and any changes to the Trust (subsection 5a(1)). Additionally, it allows the Trust to request evidence of the date of birth and marriage from the widow or widower of a deceased member before authorizing pension payments (subsection 5a(2)). Regulation 6 is amended to require evidence of retirement allowance or annuity, and for those receiving a widow's or widower's annuity, evidence that they have not remarried (subsection 6(b)). These regulations impose specific obligations on members, including the requirement to provide evidence of personal details and marital status to the Trust (subsection 5a(1)). Members must also furnish evidence of their retirement allowance or annuity, and widows or widowers must provide evidence that they have not remarried (subsection 6(b)). The regulations stipulate the method and timing for making elections, exercising options, and making revocations, which must be done in writing and delivered or sent to the Trust (subsection 4(2)). The Trust has the authority to request additional evidence from widows or widowers before authorising pension payments to them (subsection 5a(2)). The regulations do not explicitly state any offences, penalties, or consequences for non-compliance. However, failing to meet the obligations imposed by these regulations, such as not providing required evidence or not making elections, options, or revocations in the prescribed manner, could potentially lead to issues in the processing or payment of retiring allowances and annuities. The Trust may withhold payments or benefits until the required evidence is provided, and non-compliance with the formal requirements for making elections, options, or revocations might result in those actions not being recognised or processed by the Trust.