Parliamentary Retiring Allowances Regulations
Statutory Rules 1949 No. 99 as amended
made under the
Parliamentary Contributory Superannuation Act 1948
This compilation was prepared on 21 July 2004
taking into account amendments up to SR 1975 No. 186
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Interpretation
3 Payment of retiring allowances and annuities
5 Elections and options and their revocation
5A Evidence as to certain matters
6 Evidence as to pensioners
7 Notice of meeting
8 Government employment of officer
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Parliamentary Retiring Allowances Regulations.
2 Interpretation
In these Regulations:
the Act means the Parliamentary Retiring Allowances Act 1948.
3 Payment of retiring allowances and annuities
(1) Retiring allowances and annuities shall be paid fortnightly on the Thursday of each fortnight on which pensions payable under the Superannuation Act 1922 are paid.
(2) The amount of a retiring allowance or an annuity for a period of less than a fortnight shall bear the same proportion to the amount of a fortnight’s instalment as the number of days in that period bears to fourteen.
5 Elections and options and their revocation
(1) An election by a person under subsection (5) of section 18 of the Act shall be made not later than three months after the date on which the person becomes entitled to the retiring allowance referred to in that subsection.
(2) An election under subsection 18 (5), 22Q (1), 22R (2) or (6), or 32 (1), or under paragraph 32 (4) (a) or (b), of the Act shall be made, an option under subsection 19 (2) or 22K (2) of the Act shall be exercised and a revocation under subsection 22R (10) or section 24C of the Act shall be made, by notice in writing signed by the person making the election, exercising the option or making the revocation, as the case may be, and:
(a) delivered to a person authorized by the Trust to receive the notice; or
(b) sent by post to the Trust, care of the Secretary to the Department of the Treasury, Canberra.
5A Evidence as to certain matters
(1) Every member shall furnish evidence satisfactory to the Trust of:
(a) the date of birth of the member;
(b) the marital status of the member;
(c) if the member is or becomes married — the marriage of the member and the date of birth of the spouse of the member; and
(d) any change occurring in the marital status of the member.
(2) Before authorizing payment of benefit under the Act to the widow or widower of a person, the Trust may, where it has not been provided during the lifetime of the person with evidence sufficient to establish the date of birth of the widow or widower and the marriage of the widow or widower to the person, require the widow or widower to furnish the Trust with that evidence.
6 Evidence as to pensioners
As and when required by the Trust:
(a) a person to whom, or in respect of whom, retiring allowance or annuity payments are being made shall submit evidence satisfactory to the Trust that the person is alive; and
(b) a person in receipt of a widow’s or widower’s annuity shall furnish evidence satisfactory to the Trust that the person has not remarried.
7 Notice of meeting
Notice of any meeting of the Trust shall be given personally or by post to all the trustees.
8 Government employment of officer
A local governing body shall not be deemed to be an authority of a State for the purposes of section 21 of the Act.
Notes to the Parliamentary Retiring Allowances Regulations
Note 1
The Parliamentary Retiring Allowances Regulations (in force under the Parliamentary Contributory Superannuation Act 1948) as shown in this compilation comprise Statutory Rules 1949 No. 99 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1949 No. 99 | 1 Dec 1949 | 1 Dec 1949 | |
1965 No. 59 | 20 May 1965 | 20 May 1965 | — |
1966 No. 106 | 7 July 1966 | 7 July 1966 | — |
1975 No. 186 | 23 Sept 1975 | 23 Sept 1975 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 2................. | am. 1975 No. 186 |
R. 3................. | rs. 1975 No. 186 |
R. 4................. | rs. 1965 No. 59 |
| rep. 1975 No. 186 |
R. 5................. | rs. 1965 No. 59 |
| am. 1966 No. 106; 1975 No. 186 |
R. 5A................ | ad. 1965 No. 59 |
| rs. 1975 No. 186 |
R. 6................. | am. 1975 No. 186 |
R. 8................. | ad. 1965 No. 59 |
Overview
The Parliamentary Retiring Allowances Regulations 1949, as amended, were established under the Parliamentary Contributory Superannuation Act 1948 with the aim of addressing the need for a structured retirement benefit system for members of the Australian Parliament. These regulations, prepared by the Office of Legislative Drafting, Attorney-General’s Department, outline the administrative framework for the payment of retiring allowances and annuities, ensuring they are disbursed in alignment with the payment schedule of pensions under the Superannuation Act 1922. The regulations also address various procedural matters such as the submission of evidence for eligibility, the handling of elections and options regarding retirement benefits, and the requirements for evidence to be provided by pensioners or their beneficiaries. The objective of these regulations is to ensure a clear and efficient process for managing retirement benefits for parliamentarians, thereby providing financial security during their post-retirement years.
Scope and Application
The Parliamentary Retiring Allowances Regulations 1949, as amended, govern the payment of retiring allowances and annuities to eligible members and beneficiaries under the Parliamentary Contributory Superannuation Act 1948. These regulations apply to members of the Australian Parliament who have contributed to the superannuation scheme, their spouses, and surviving spouses or dependents. The provisions of the regulations cover the payment schedules, the process for making elections, exercising options, and revoking decisions, as well as the evidence required to substantiate claims, such as proof of birth, marital status, and survival. The regulations also outline the process for providing notice to trustees of any meetings and clarify that local governing bodies do not constitute State authorities for the purposes of the Act. The scope of the regulations is national, applying throughout Australia as a Commonwealth legislation. While the regulations provide detailed operational guidelines, they do not specify any exclusions or exemptions, and any additional conditions or thresholds are addressed in the principal Act or further subordinate instruments.
Key Provisions
The Parliamentary Retiring Allowances Regulations (1949) under the Parliamentary Contributory Superannuation Act 1948 set out the requirements and procedures for the payment of retiring allowances and annuities to eligible members and their dependents. According to Section 3, retiring allowances and annuities are to be paid fortnightly on the same day that pensions under the Superannuation Act 1922 are disbursed, which is the Thursday of each fortnight. For periods shorter than a fortnight, the payment is calculated proportionally based on the number of days in that period relative to fourteen days. Section 5 details that any elections or options related to retiring allowances or annuities must be made within three months of the entitlement date, and these must be communicated in writing to the Trust or its authorised representative.
The Regulations impose specific obligations on the members, including the requirement to provide evidence of personal details and changes in marital status to the Trust (Section 5A). This evidence is necessary for the Trust to process and authorise payments. Members must also furnish proof of their current status, such as proof of life for those receiving retiring allowances or annuities, and proof of not having remarried in the case of widows or widowers (Section 6). Additionally, the Regulations specify that notices of any Trust meetings must be delivered personally or by post to all trustees (Section 7). Furthermore, a local governing body is explicitly stated not to be considered an authority of a State for the purposes of certain provisions under the Act (Section 8).
Failure to comply with the obligations and requirements set out in the Regulations may lead to civil or administrative consequences. For instance, if a member does not provide the required evidence or fails to make an election or option within the stipulated timeframe, the Trust may be unable to process the payment of retiring allowances or annuities. Additionally, submitting false evidence or information to the Trust could result in penalties or other consequences as deemed appropriate by the Trust or the relevant authorities. Although the Regulations do not explicitly state maximum penalties for non-compliance, breaches may be subject to the broader provisions of the Parliamentary Contributory Superannuation Act 1948 or other relevant legislation.