Parliamentary Contributory Superannuation Act 1970

Queensland Parliamentary Contributory Superannuation Act 1970 Reprinted as in force on 28 November 2005 Reprint No. 3D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised ccopy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 1990 Act No. 20 s 32L

Information about this reprint This Act is reprinted as at 28 November 2005. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Parliamentary Contributory Superannuation Act 1970 Contents Part 1 1 4 5 5A 5B 5C Part 2 6 7 7A 8 9 10 11 12 12A 13 14 Part 3 15 16 16A 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Meaning of ceasing to be a member . . . . . . . . . . . . . . . . . . . . . . 8 Meaning of widow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Administration Parliamentary Contributory Superannuation Fund . . . . . . . . . . . . 9 Trustees of the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Excluded matter for Corporations legislation . . . . . . . . . . . . . . . . 10 Meetings of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Appointment of deputies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Payments into and out of the fund . . . . . . . . . . . . . . . . . . . . . . . . 11 Investment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Fund’s income not subject to tax . . . . . . . . . . . . . . . . . . . . . . . . . 12 Investigation by actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Accounts and audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Contributions, benefits and payments Deductions from salaries of members . . . . . . . . . . . . . . . . . . . . . 13 Contribution by Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Election to be treated as new member . . . . . . . . . . . . . . . . . . . . . 14 Members’ superannuation benefit . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Parliamentary Contributory Superannuation Act 1970 17A 18 18A 19 19A 20 20AA 20A 20B 21 22A 23 23AA 23A 24 24A 25 25AA 25A 25B 25C 25D Part 3A 25E 25F 25G 25H 25I 25J 25K 25L Benefits payable to a person who ceases to be a member, and ceases to be entitled to a salary, on or after the person’s 70th birthday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to convert entitlement to lump sum entitlement . . . . . . . . . Preserved amount—lump sum entitlement . . . . . . . . . . . . . . . . . Benefits payable on retirement on ground of ill health . . . . . . . . . Right to convert s 19 entitlement to lump sum entitlement. . . . . . Benefit of widows of members other than continuing members . . Benefits payable to a widow of a new member who died on or after the new member’s 70th birthday . . . . . . . . . . . . . . . . . . . . . Widow’s right to substitute pension for entitlement. . . . . . . . . . . . Pension for widow of continuing member . . . . . . . . . . . . . . . . . . . Payments to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endowment benefit to new members who were continuing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pension entitlement reduced if the member has previously converted pension entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . Death benefit reduced if pension converted . . . . . . . . . . . . . . . . . Entitlement in respect of beneficiary who becomes a member . . Reduction of pension in certain cases . . . . . . . . . . . . . . . . . . . . . When particular pension entitlement ends . . . . . . . . . . . . . . . . . . Increase in rates of pensions etc.. . . . . . . . . . . . . . . . . . . . . . . . . Competing claims for widow’s entitlement . . . . . . . . . . . . . . . . . . Indexation of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum benefit payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation contributions surcharge . . . . . . . . . . . . . . . . . . . Election to take part of pension as a lump sum to meet surcharge liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements and court orders under Family Law Act Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Providing information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement or court order for member with less than 8 years service at the operative time . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement or court order for member with at least 8 years service at the operative time . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement or court order for member with at least 8 years service after the operative time . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of agreement or court order on particular benefits . . . . . . . Agreement or court order—pensions . . . . . . . . . . . . . . . . . . . . . . Effect of agreement or court order on other benefits . . . . . . . . . . 17 19 23 25 27 28 32 34 37 38 42 42 43 43 44 45 46 47 48 49 50 50 52 52 53 53 54 55 55 57

3 Parliamentary Contributory Superannuation Act 1970 25M 25N Part 4 Division 1 26AA 26 27 28 29 30 30A Division 2 30B 30C 30D 30E 30F Division 3 30G Division 4 30H Part 5 31 31A 32 32A 33 33A 33B 34 35 Trustees to inform entitled former spouse . . . . . . . . . . . . . . . . . . Trustees may charge reasonable fee . . . . . . . . . . . . . . . . . . . . . . Transitional Provisions Provisions for Act before commencement of Superannuation and Other Legislation Amendment Act 2000 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annuity payable or to become payable under repealed Acts . . . . Annuity to widow’s and female dependents payable or to become payable under repealed provisions . . . . . . . . . . . . . . . . . Payments in respect of a child or children . . . . . . . . . . . . . . . . . . Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase in rates of annuities etc.. . . . . . . . . . . . . . . . . . . . . . . . . Indexation of annuities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for Superannuation and Other Legislation Amendment Act 2000 Remarriage of a widow of a member or former member . . . . . . . Remarriage of a widow of a former continuing member. . . . . . . . Continued receipt of widow’s pension . . . . . . . . . . . . . . . . . . . . . Reassessment of pensions for financial year starting 1 July 1999 .................................. Reassessment of annuities for financial year starting 1 July 1999 .................................. Provision for Superannuation Legislation Amendment Act 2004 Dealing with amount retained in fund . . . . . . . . . . . . . . . . . . . . . . Provision for Revenue Legislation Amendment Act 2005 Transitional provision about superannuation contributions surcharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Exemption from charges, duties etc. . . . . . . . . . . . . . . . . . . . . . . Trustees may accept late election . . . . . . . . . . . . . . . . . . . . . . . . Payment of pensions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of interest on lump sum . . . . . . . . . . . . . . . . . . . . . . . . . Pensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of lump sum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transferring or withdrawing amounts . . . . . . . . . . . . . . . . . . . . . . Unclaimed benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of notice on trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 57 58 58 59 60 60 60 61 62 63 63 63 64 64 65 65 65 66 66 67 67 67 68 68

4 Parliamentary Contributory Superannuation Act 1970 35A 36 Schedule Information to members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Factors for widows of members or former members . . . . . . . 69 69 70 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 71 72 72 73 76

s1 5 s4 Parliamentary Contributory Superannuation Act 1970 Parliamentary Contributory Superannuation Act 1970 [as amended by all amendments that commenced on or before 28 November 2005] An Act to provide contributory superannuation benefits for members of the Legislative Assembly and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Parliamentary Contributory Superannuation Act 1970 . 4 Application of Act (1) This Act applies to and in relation to— (a) any person who is a member at the commencement of this Act and to whom the Parliamentary Contributory Superannuation Fund Act 1948 applied immediately prior to that commencement; and (b) any person who becomes a member on or after the commencement of this Act and before the commencement of the Superannuation Legislation Amendment Act 2004 , part 4; and (c) any widow, female dependent and child or children of any person referred to in paragraph (a) or (b). (2) This Act does not apply to or in relation to a person who becomes a member after the commencement of the Superannuation Legislation Amendment Act 2004 , part 4, unless the person—

s5 6 s5 Parliamentary Contributory Superannuation Act 1970 (a) was a member immediately before the commencement of the part; and (b) has not, after the commencement of the part, ceased to be a member at any time before again becoming a member. 5 Definitions In this Act— actuary means a fellow or associate of the Institute of Actuaries (London), a fellow or associate of the Faculty of Actuaries (Edinburgh) or any other person of whose actuarial knowledge and experience the Governor in Council approves. agreement , for part 3A, see section 25E. approved deposit fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10. 1 Assembly means the Legislative Assembly. basic salary means the salary payable to every member. 2 continuing member means a member who was entitled to salary as a member on 21 and 22 October 1983. court order , for part 3A, see section 25E. election means a general election or by-election for the Assembly. entitled former spouse , for part 3A, see section 25E. Family Law Act , for part 3A, see section 25E. 1 Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10— approved deposit fund means a fund that — (a) is an indefinitely continuing fund; and (b) is maintained by— (i) an approved trustee; or (ii) an RSE licensee that is a constitutional corporation; and (c) is maintained solely for approved purposes. 2 Salary is presently payable under the Parliament of Queensland Act 2001 , chapter 7 (Members’ salaries), part 1 (Salary of members).

s5 7 s5 Parliamentary Contributory Superannuation Act 1970 fund means the Parliamentary Contributory Superannuation Fund established and kept under this Act. index means the all groups consumer price index for Brisbane published by the Australian Statistician. June index , for a financial year, means the index for the last quarter of the financial year. member means a member of the Assembly. new member means— (a) a member other than a continuing member; and (b) a continuing member who has elected pursuant to this Act to be treated as a new member for the purposes of this Act. operative time , for part 3A, see section 25E. salary , of a member, means the member’s basic salary, and any additional salary payable to the member as the holder of an office in the Assembly or as Minister or Parliamentary Secretary. 3 service , for part 3A, see section 25E. State Public Sector Superannuation Fund means the State Public Sector Superannuation Fund under the Superannuation (State Public Sector) Act 1990 . superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10. 4 trustee means a trustee of the fund. widow see section 5B. 3 Additional salary is presently payable under the Parliament of Queensland Act 2001 , chapter 7 (Members’ salaries), part 2 (Additional salaries of members). Under the Acts Interpretation Act 1954 , section 34 a reference to the holder of a particular office includes a reference to the person for the time being acting in the office. 4 Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10— superannuation fund means — (a) a fund that— (i) is an indefinitely continuing fund; and (ii) is a provident, benefit, superannuation or retirement fund; or (b) a public sector superannuation scheme.

s 5A 8 s 5C Parliamentary Contributory Superannuation Act 1970 5A Meaning of ceasing to be a member For the purposes of this Act a member shall be deemed not to have ceased to be a member by reason only of retirement by effluxion of time or the dissolution of the Assembly. 5B Meaning of widow (1) A person is the widow of a member if the person was the member’s spouse on the day the member died. (2) A person is the widow of a former member if the person was the former member’s spouse on both of the following days— (a) the day the former member ceased to be a member; (b) the day the former member died. (3) For this section, the gender of the member, former member or other person is not relevant. (4) For this section, the spouse of a person on the day the person died includes a de facto partner of the person on the day of the death only if the person and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA 5 — (a) for a continuous period of at least 2 years ending on the day of the death; or (b) for a shorter period ending on the day of the death, if the circumstances of the de facto relationship of the person and the de facto partner evidenced a clear intention that the relationship be a long term, committed relationship. (5) Subsection (4) applies despite the Acts Interpretation Act 1954, section 32DA(6). 5C Notes in text A note in the text of this Act is part of this Act. 5 Acts Interpretation Act 1954 , section 32DA (Meaning of de facto partner )

s6 9 s7 Parliamentary Contributory Superannuation Act 1970 Part 2 Administration 6 Parliamentary Contributory Superannuation Fund (1) The Parliamentary Contributory Superannuation Fund is continued in existence subject to the Financial Administration and Audit Act 1977 , part 8, division 2. 6 (1A) Accounts for the fund must be kept as part of the departmental accounts of the department. (1B) However, amounts received for the fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the fund. (2) Income and accretions to capital derived from the investment of the fund shall form part thereof. (3) In this section— departmental accounts , of a department, means the accounts of the department under the Financial Administration and Audit Act 1977 , section 12. departmental financial-institution account , of a department, means an account of the department kept under the Financial Administration and Audit Act 1977 , section 18. 7 Trustees of the fund (1) The trustees of the fund shall be— (a) the Premier; and (b) the speaker; and (c) the member of the Assembly who is recognised as the leader of the opposition. (2) The trustees shall under the name and style of ‘the Trustees of the Parliamentary Contributory Superannuation Fund’ be a body corporate with perpetual succession and a common seal, capable in law of suing and being sued in its corporate name 6 Financial Administration and Audit Act 1977 , part 8 (Transitional provisions), division 2 (Transitional provisions for Financial Administration Legislation Amendment Act 1999 )

s 7A 10 Parliamentary Contributory Superannuation Act 1970 s8 and shall, for the purposes of this Act, have power to take, hold, deal in and dispose of property of all kinds and to do and suffer all such other acts, matters and things as bodies corporate may by law do and suffer. (3) All courts, judges and persons acting judicially shall take judicial notice of the respective signatures of the trustees and of the seal of the trustees affixed to any document and, until the contrary is proved, shall presume that every such signature or such seal, as the case may be, was duly affixed to the document. (4) If a trustee ceases to be the holder of the office by virtue of which he or she became a trustee the trustee shall nevertheless continue to be a trustee until the successor to that office is appointed but if, having ceased to be a member by reason of the expiration of the trustee’s term of office as such member, any trustee is not re-elected as a member the trustee may resign office as trustee. 7A Excluded matter for Corporations legislation The body corporate under the name ‘the Trustees of the Parliamentary Contributory Superannuation Fund’ is declared to be an excluded matter for the Corporations Act, section 5F, 7 in relation to the provisions of that Act 8 for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act. 8 Meetings of trustees (1) Meetings of the trustees shall be held at such times and shall be conducted in accordance with such procedure as the trustees from time to time determine. 7 Corporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter) 8 Corporations Act, part 2D.1 (Duties and powers), part 2D.6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B.2 (Registrable bodies)

s 9 11 s 11 Parliamentary Contributory Superannuation Act 1970 (2) The decision of any 2 trustees at a meeting duly notified to all of the trustees shall be binding. 9 Appointment of deputies (1) A trustee may, in writing, appoint a person to be the trustee’s deputy. (2) A deputy appointed pursuant to subsection (1) shall, in the event of the absence from any cause whatsoever from any meeting of the trustees of the trustee for whom he or she is deputy, have all powers of that trustee during the trustee’s absence. 10 Administration (1) The Treasurer may make available to the trustees the services of an officer of the Treasurer’s department for the purpose of assisting the trustees in the administration of this Act. (2) The cost of the administration of this Act shall be paid out of the fund. 11 Payments into and out of the fund (1) Into the fund there shall— (a) be transferred the moneys and investments that immediately before the commencement of this Act, constituted the Parliamentary Contributory Superannuation Fund established and kept under the Parliamentary Contributory Superannuation Fund Act 1948 ; and (b) subject to section 15(2), be paid all deductions from the salaries of members made pursuant to part 3; and (c) be paid payments by the Crown provided for by this Act; and (d) be paid all moneys howsoever arising by reason of investment of the fund. (2) Out of the fund there shall be paid all pensions, annuities and other payments provided for in this Act.

s 12 12 s 13 Parliamentary Contributory Superannuation Act 1970 12 Investment of fund (1) Queensland Investment Corporation ( QIC ) is appointed investment manager of the fund. (2) The trustees must establish investment policies and objectives for the fund. (3) The investment manager must operate under the investment policies and objectives. (4) The investment manager must give the trustees or their agent all necessary information to enable them to monitor the investment manager’s performance. (5) If the Governor in Council is satisfied it is appropriate for another investment manager to be appointed for the fund or a stated part of the fund in the interests of the trustees’ fiduciary responsibilities or the members of the fund generally, the Governor in Council may, by regulation— (a) revoke QIC’s appointment as investment manager in whole or in part from a stated date; and (b) make provision for anything necessary to secure the fund. (6) If QIC’s appointment is revoked, the trustees may appoint a new investment manager of the fund, or a stated part of the fund, with the Governor in Council’s approval. 12A Fund’s income not subject to tax The income of the fund is not subject to tax imposed by an Act. 13 Investigation by actuary (1) An investigation as to the state and sufficiency of the fund shall be made before the expiration of 3 years after the commencement of this Act, and thereafter periodically so that there shall not be a period longer than 3 years between successive such investigations. (2) The investigation shall be made by an actuary approved by the trustees.

s 14 13 s 16 Parliamentary Contributory Superannuation Act 1970 (3) The actuary shall report to the trustees the result of the actuary’s investigations and the trustees may act as they deem advisable with respect to any recommendation made by the actuary in such report. 14 Accounts and audit (1) The trustees shall keep complete and proper accounts of all their financial transactions. (2) In each financial year the accounts of the trustees shall be audited by the auditor-general and copies of the accounts shall be laid before the Assembly. Part 3 Contributions, benefits and payments 15 Deductions from salaries of members (1) From each instalment of salary paid to a member or person who, having ceased to be a member, is in receipt of salary (commencing in the case of persons who are members at the date of commencement of this Act with the first such instalment made after that date) there shall be deducted an amount equal to 11 1 / 2 % of the gross amount of the instalment before any deductions. (2) Subsection (1) does not apply if the member or person is 70 years or more. 16 Contribution by Crown (1) The Treasurer, on behalf of the Crown, shall pay to the fund a contribution of an amount equal to such proportion as the Treasurer, having regard to any recommendation of the actuary in that behalf, may determine, or, in the absence of any such determination, five-sevenths, of each payment by way of pension or other benefit under this Act made out of the fund.

s 16A 14 Parliamentary Contributory Superannuation Act 1970 s 17 (2) Also, the Treasurer may, at any time, pay into the fund an amount the Treasurer considers necessary or desirable for the effective and efficient operation of the fund. (3) Payments to be made under this Act by the Treasurer into the fund shall be paid from the consolidated fund which is hereby appropriated accordingly. 16A Election to be treated as new member A person who is a continuing member may, within 3 months after the passing of the Superannuation Acts Amendment Act 1984 , 9 elect by notice in writing served on the trustees to be treated as a new member for the purposes of this Act whereupon for the purposes of the application of this Act to that person or to any widow, female dependant or child of that person it shall be deemed— (a) that that person is or, as the case may be, was a new member; and (b) that that person had thereby ceased to be a continuing member. 17 Members’ superannuation benefit (1) Subject to this Act a person who has received salary as a member (either after or partly before and partly after the commencement of this Act)— (a) for an aggregate period of 11 years or more; or (b) for an aggregate period of 8 years or more and ceases to be a member as the result of defeat at an election or, being a representative of a recognised political party, as the result of not standing for re-election by reason that such party has not selected the person to so stand or as the result of resignation for, or of not seeking re-election owing to, good and sufficient reasons which satisfy the trustees; 9 Superannuation Acts Amendment Act 1984 commenced 22 October 1983 (see 1984 No. 14 s 2(5)).

s 17 15 s 17 Parliamentary Contributory Superannuation Act 1970 shall, on ceasing to be a member and to be entitled to payment of salary, be entitled to be paid out of the fund an annual pension at the rate ascertained in accordance with the formula— A × - CB ---- . (1A) In subsection (1)— A means an amount determined by multiplying the basic salary in force immediately prior to the time at which he or she ceased to be a member by the value— . 5 + - . - 0 - 1 -- 2 - 2 -- 5 - × ( t – 96 ) the symbol ‘t’ having a value of 240 or a less number, being the number of complete months during which the member received salary as a member. B means the total salary received by that person. C means the total basic salary in respect of the period of service of that person in the Assembly. (1B) However, if the person has received salary as a member for an aggregate period of more than 20 years and the number worked out under subsections (1) and (1A) by dividing factor B by factor C (the actual number ) is less than the highest number that would have been worked out under the subsections by dividing factor B by factor C had the person ceased to be a member at any time after completing 20 years service in the Assembly, the actual number is taken to be the highest number. (2) Subject to subsection (4) and section 18A, a person who— (a) ceases to be a member (other than because of death); and (b) is not entitled to a pension under this Act; is entitled— (c) if the person ceases to be a member because of a result mentioned in subsection (1)(b)—to an amount equivalent to 3 1 / 3 times the relevant deductions; or

s 17 16 s 17 Parliamentary Contributory Superannuation Act 1970 (d) if paragraph (c) does not apply—to an amount equivalent to 2 1 / 6 times the relevant deductions. (3) Subsection (3A) applies in relation to— (a) a member who has died while serving as a member and in respect of whom no entitlement under section 20, 20AA, 20B or 21 has arisen; and (b) a former member who has died and to whom section 18(11) would have applied had the member not died but had ceased to be a person referred to in that section. (3A) Subject to this Act, the legal personal representative of a member or former member in relation to whom this subsection applies or other person approved by the trustees shall be entitled to be paid— (a) for a member, under 70 years, who died before completing 8 years of service as a member—the amount calculated using formula ‘A’ mentioned in section 20(1)(a); or (b) for a member, under 70 years, who died on or after completing 8 years of service as a member—the amount calculated using formula ‘A’ mentioned in section 20(1)(b); or (c) for a member who died at 70 years or more and had completed less than 8 years of service as a member before the member’s 70th birthday—the amount that would have been payable to a widow of the member, under section 20AA(3), if the member was a new member; or (d) for a member who died at 70 years or more and had completed 8 years or more of service as a member before the member’s 70th birthday—the amount that would have been payable to a widow of the member, under section 20AA(8), if the widow had made an election under section 20AA(7) on the day of the member’s death; or (e) in the case of a former member—a sum in accordance with the formula in section 20(1)(c) except that, for the purposes of this paragraph, the factor E represents a factor determined by an actuary and approved by the

s 17A 17 Parliamentary Contributory Superannuation Act 1970 s 17A trustees having regard to the average age, at nearest birthday, of widows (be they female or male, as the case requires) of persons whose age, at nearest birthday, was or would have been that, at nearest birthday, of the former member at the date of the member’s death. (4) If— (a) a payment has been made to a person under subsection (2); and (b) the person becomes entitled to a pension under subsection (1) or section 19; 10 then— (c) the pension must be suspended until the aggregate of the pension that would have been paid equals the payment escalated to an amount determined by an actuary; or (d) if the person elects to convert the pension to a lump sum entitlement—the entitlement must be reduced by the payment escalated to an amount determined by an actuary. (4A) This section is subject to section 17A. (5) In this section— relevant deductions means the amount of deductions made under this Act from the person’s salary in respect of the person’s continuous service to the day the person ceased to be a member. 17A Benefits payable to a person who ceases to be a member, and ceases to be entitled to a salary, on or after the person’s 70th birthday (1) This section applies to a person who ceases to be a member, and ceases to be entitled to payment of a salary, on a day (the cessation day ) that is on or after the person’s 70th birthday. (2) Subsection (3) applies if the person— (a) is a person mentioned in section 17(1)(a) or (b); and 10 Section 19 (Benefits payable on retirement on ground of ill health)

s 17A 18 Parliamentary Contributory Superannuation Act 1970 s 17A (b) completed at least 8 years of service as a member before the person’s 70th birthday. (3) Despite section 17(1), the person is entitled to receive a pension that is the same amount as the pension the person would have been entitled to receive on the cessation day, under this Act, had the person ceased to be a member, and ceased to be entitled to payment of a salary, on the day before the person’s 70th birthday. (4) Subsection (5) applies if the person— (a) is a person mentioned in section 17(1)(a) or (b); and (b) completed less than 8 years of service as a member before the person’s 70th birthday. (5) The person is not entitled to receive a pension under section 17(1). (6) Subsection (7) applies if the person is a person described in section 17(2)(a) and (b). (7) Despite section 17(2)(c) and (d), the person is entitled to receive an amount calculated using the following formula— A+B where— A means the amount the person would have been entitled to receive, under section 17(2)(c) or (d), had the person ceased to be a member on the day before the person’s 70th birthday. B means the interest that would have been earned on the investment of A during the period, had A been invested on a compounded basis during the period, calculated by reference to— (a) if there is 1 interest rate for the period—the interest rate; or (b) if there are different interest rates for different parts of the period—the interest rates. (8) In this section— interest rate , for the period or part of the period, means the interest rate decided by the trustees as being indicative of the

s 18 19 s 18 Parliamentary Contributory Superannuation Act 1970 net interest earned on the fund during the period or part of the period. net interest , earned on the fund, means the amount earned on the investment of the fund after deducting— (a) the costs of administering the fund; and (b) expenses incurred in effecting the investment; and (c) taxes payable on income earned on the investment. period means the period— (a) starting on the person’s 70th birthday; and (b) ending on the cessation day. 18 Right to convert entitlement to lump sum entitlement (1) Notwithstanding anything in this Act a former member who is entitled to a pension under section 17, 17A(3) or 19(4D) and who is under the age of 75 years at the time of ceasing to be a member may within the period of 3 months after ceasing to be a member, elect by notice in writing served on the trustees to convert the whole or any part of the member’s pension entitlement to a lump sum payment determined in accordance with subsection (2). (2) A lump sum payment under subsection (1) shall be— (a) in the case of a person under the age of 71 years on the date on which the person became entitled to a pension under section 17, 17A(3) or 19(4D)—the amount of the annual pension entitlement in respect of which the election is made, multiplied by 10; or (b) in the case of a person who is 71 years or over on the date on which the person became entitled to a pension under section 17, 17A(3) or 19(4D)—the amount of the annual pension entitlement in respect of which the election is made multiplied by 10 less half of the difference between the number of years of the person’s age on the said date and 70. (3) A former member who makes an election under subsection (1) shall be entitled to receive a lump sum payment calculated under subsection (2) less the amount of pension that the

s 18 20 s 18 Parliamentary Contributory Superannuation Act 1970 former member has been paid or, where the election has been made in respect of part only of the pension entitlement, less an amount that bears to that amount of pension the proportion that the part of the pension entitlement in respect of which the election was made bears to the whole of the pension entitlement and from the date of payment of that lump sum the annual pension entitlement of that former member shall be reduced by the amount of annual pension entitlement in respect of which the election was made. (4) The provisions of this section do not apply to a person who is entitled to a pension under section 19, other than section 19(4D). (5) Where section 23 11 applies to a former member the part of the former member’s pension entitlement which the former member may elect to convert under this section shall be reduced by the amount that the former member’s annual pension is reduced pursuant to section 23. (6) Notwithstanding anything in this section, where the trustees are of opinion that, but for an election under subsection (1), a member would become, or but for the provisions of section 24(2) 12 would become, a person to whom section 24(1)(a), (b) or (c) relates within a period of 12 months after the commencement of the member’s entitlement to a pension under section 17, 17A(3) or 19(4D), such an election by that member shall be deferred for such period not exceeding 12 months as the trustees may determine. (7) The trustees may at any time reduce the period of deferment of an election under subsection (6). (8) During the period of deferment of an election under subsection (6), the former member is entitled to payment of the former member’s annual pension entitlement under section 17, 17A(3) or 19(4D). (9) If during the period of deferment of his or her election, a former member who made the election becomes a person to whom section 24(1)(a), (b) or (c) relates, the former member 11 Section 23 (Pension entitlement reduced if the member has previously converted pension entitlement) 12 Section 24 (Reduction of pension in certain cases)

s 18 21 s 18 Parliamentary Contributory Superannuation Act 1970 shall be deemed not to have made the election under this section and the former member shall not be entitled to payment of any lump sum thereunder except where being a person to whom section 24(1)(c) relates the appointment to the office or place of profit in question was made after the former member last ceased to be a member. (10) Where during the period of deferment of an election under this section the former member by whom the election was made does not become a person to whom section 24(1)(a), (b) or (c) relates or having become such a person section 24(1) is deemed not to apply to or in relation to the former member, the lump sum that would have been payable under subsection (2) but for the deferment less in the case of an election to convert the whole of the former member’s pension entitlement the amount paid to the former member pursuant to subsection (8) or, in the case of an election to convert part only of the pension entitlement, the amount that bears to the amount paid to the former member pursuant to subsection (8) the same proportion as the part in respect of which the election is made bears to the whole of the pension entitlement, shall become payable to the former member. (11) Where under subsection (9) an election made by a former member under subsection (1) has been deemed not to have been made or a former member not having made such an election becomes within a period of 3 months after ceasing to be a member a person in relation to whom the consequences referred to in section 24(1) are applicable, the former member may, on ceasing to be a person in relation to whom the consequences referred to in section 24(1) are applicable, elect to convert the whole or any part of the pension entitlement under section 17, 17A(3) or 19(4D) to a lump sum payment and the provisions of subsections (1) to (10) as modified in accordance with subsection (12) apply with respect to the election and the payment of a lump sum thereunder. (12) With respect to an election under subsection (11) and payment of a lump sum thereunder subsections (1) to (10) shall apply subject to the following modifications— (a) in subsection (1)— (i) for the words ‘ceasing to be a member’ (wherever occurring) substitute the words ‘ceasing to be a

s 18 22 s 18 Parliamentary Contributory Superannuation Act 1970 person in relation to whom the consequences referred to in section 24(1) are applicable’; and (ii) insert, after the words ‘the pension entitlement’ the words ‘at the time of ceasing to be a member’; (b) in subsection (2)— (i) for the words ‘became entitled to a pension under section 17, 17A(3) or 19(4D)’ (wherever occurring) substitute the words ‘ceased to be a person in relation to whom the consequences referred to in section 24(1) are applicable’; and (ii) add to the subsection the words ‘increased in the same proportion as that person’s rate of pension is increased, or would but for the election have been increased, under sections 25 and 25A 13 at the date on which the election is made, less in the case of an election to convert the whole of the person’s pension entitlement, the amount of pension paid to the former member pursuant to this Act or, in the case of an election to convert part only of the pension entitlement, the amount that bears to the amount of pension paid to the former member the same proportion as the part in respect of which the election is made bears to the whole of the pension entitlement’; (c) in subsections (2), (3) and (6) for the words ‘subsection (1)’ substitute the words ‘subsection (11)’; (d) in subsection (6)— (i) for the word ‘member’ (wherever occurring) substitute the words ‘former member’; and (ii) for the words ‘the commencement of the member’s entitlement to a pension under section 17, 17A(3) or 19(4D)’ substitute the words ‘last ceasing to be a person in relation to whom the consequences referred to in section 24(1) are applicable’; 13 Sections 25 (Increase in rates of pensions etc.) and 25A (Indexation of pensions)

s 18A 23 Parliamentary Contributory Superannuation Act 1970 s 18A (e) in subsection (8), add, after the words ‘section 17, 17A(3) or 19(4D)’, the words ‘and section 25’; (f) in subsection (10) for the words ‘subsection (2)’ substitute the words ‘subsection (11)’. (13) This section is subject to section 18A. 18A Preserved amount—lump sum entitlement (1) If a preservation cashing condition for a former member has happened, none of a benefit payable to the former member under section 17(2), 18 or 19A is a preserved amount for the fund. (2) Subsection (3) applies if a former member was a member before the commencement day. (3) Subject to subsection (1), the part of the former member’s benefit payable under section 17(2), 18 or 19A that is a preserved amount for the fund is the part that does not include the cashable amount of the benefit. (4) In this section— cashable amount , of a former member’s benefit, means the amount of the benefit that— (a) would have been payable to the former member, under section 17(2), if the former member had ceased to be a member on the day before the commencement day; or (b) would have been payable to the former member, under section 18 or 19A, if the former member made an election under the section on the day before the commencement day. commencement day means the day this section commences. preservation age means— (a) for a former member born before 1 July 1960—55 years; or (b) for a former member born between 1 July 1960 and 30 June 1961 inclusive—56 years; or (c) for a former member born between 1 July 1961 and 30 June 1962 inclusive—57 years; or

s 18A 24 Parliamentary Contributory Superannuation Act 1970 s 18A (d) for a former member born between 1 July 1962 and 30 June 1963 inclusive—58 years; or (e) for a former member born between 1 July 1963 and 30 June 1964 inclusive—59 years; or (f) for a former member born after 30 June 1964—60 years. preservation cashing condition , for a person who is a former member, means— (a) the person having become a former member by— (i) permanently retiring from the workforce after reaching preservation age; or (ii) dying; or (iii) becoming totally and permanently disabled; or (iv) reaching preservation age if the person has, before reaching preservation age, permanently retired from the workforce for a reason not mentioned in subparagraph (iii); or (v) ceasing to be a member on or after reaching 60 years; or (b) an event mentioned in paragraph (a)(i) to (iv) happening in relation to the person while the person was a former member. preserved amount , for the fund, means a benefit payable to a former member under section 17(2), 18 or 19A that must not be paid to the former member until a preservation cashing condition for the former member has happened. total and permanent disablement , in relation to a former member, means disablement to an extent that, in the opinion of the trustees after obtaining the advice of not less than 2 medical practitioners, makes the former member unlikely ever to be able to work again in an occupation for which the former member is reasonably qualified by education, training or experience.

s 19 25 s 19 Parliamentary Contributory Superannuation Act 1970 19 Benefits payable on retirement on ground of ill health (1) A person who becomes a member after the commencement of this Act may furnish to the satisfaction of the trustees a certificate of a medical practitioner who has been approved by the trustees certifying that the member is in a state of good health. (1A) Where in accordance with the Superannuation (Public Employees Portability) Act 1985 a transfer value is received by the trustees in relation to a member and the trustees or manager (howsoever described) of the superannuation scheme from which the transfer value is paid certify as to the member’s state of health for benefit purposes under that scheme, the trustees may, for the purposes of the Act, accept that state of health as the member’s state of health for the purposes of this Act. (2) Where a member who has furnished a certificate pursuant to subsection (1) or (1A) satisfies the trustees that the person has ceased to be a member because the person has been rendered incapable of being a member by reason of ill health he or she shall, subject to subsection (3) and provided the person does not qualify for a benefit under section 17 or 17A, be entitled to a pension calculated in accordance with the formula specified in section 17(1). (3) A person who applies to the trustees under this section shall provide the trustees with such medical reports and other evidence as they may require. (4) Where a member, having failed to comply with subsection (1) or (1A), retires on the ground of ill health occasioned by accident and applies to the trustees, the trustees may, notwithstanding the failure to comply with subsection (1) or (1A), determine that that person is entitled to a pension calculated in accordance with the formula specified in section 17(1). (4A) Subsection (4B) applies if a person who has applied to the trustees for a pension under subsection (2) or (4)— (a) is 70 years or more; and (b) completed less than 8 years of service as a member before the person’s 70th birthday.

s 19 26 s 19 Parliamentary Contributory Superannuation Act 1970 (4B) Despite subsection (2) or (4), the person is entitled to receive an amount calculated using the following formula— A+B where— A means the amount the person would have been entitled to receive, under section 17(2)(c), had the person ceased to be a member on the day before the person’s 70th birthday. B means the interest that would have been earned on the investment of A during the period, had A been invested on a compounded basis during the period, calculated by reference to— (a) if there is 1 interest rate for the period—the interest rate; or (b) if there are different interest rates for different parts of the period—the interest rates. (4C) Subsection (4D) applies if a person who has applied to the trustees for a pension under subsection (2) or (4)— (a) is 70 years or more; and (b) completed at least 8 years of service as a member before the person’s 70th birthday. (4D) Despite subsection (2) or (4), the person is entitled to receive a pension that is the same amount as the pension the person would have been entitled to receive under section 17A(3) had the person ceased to be a member, on the day before the person’s 70th birthday, for a reason mentioned in section 17(1)(b). (5) Despite section 17(1), the minimum amount of pension payable to a member under this section is 50% of the member’s basic salary. (6) Subsection (5) does not apply to a person mentioned in subsection (4C). (7) In this section— interest rate , for the period or part of the period, means the interest rate decided by the trustees as being indicative of the net interest earned on the fund during the period or part of the period.

s 19A 27 Parliamentary Contributory Superannuation Act 1970 s 19A net interest , earned on the fund, means the amount earned on the investment of the fund after deducting— (a) the costs of administering the fund; and (b) expenses incurred in effecting the investment; and (c) taxes payable on income earned on the investment. period means the period— (a) starting on the person’s 70th birthday; and (b) ending on the day the person ceased to be a member under this section. 19A Right to convert s 19 entitlement to lump sum entitlement (1) A person who was a new member and is entitled to a pension under section 19 may within the period of 6 months after ceasing to be a member elect by notice in writing served on the trustees to convert the whole or any part of the person’s pension entitlement to a lump sum payment determined in accordance with subsection (2). (1A) Such election shall be effective only if in the trustees’ opinion the elector is medically competent to make the election. (2) A lump sum payment under subsection (1) shall be the amount of the annual pension entitlement in respect of which the election is made multiplied by 9. (3) A person who makes an effective election under subsection (1) shall be entitled to receive a lump sum payment calculated in accordance with subsection (2) less the amount of pension that the person has been paid or, where the election has been made in respect of part only of the pension entitlement, less an amount that bears to that amount of pension the proportion that the part of the pension entitlement in respect of which the election was made bears to the whole of the pension entitlement and from the date of payment of that lump sum the annual pension entitlement of that person shall be reduced by the amount of annual pension entitlement in respect of which the election was made. (4) This section does not apply to a person who is entitled to receive a pension under section 19(4D).

s 20 28 s 20 Parliamentary Contributory Superannuation Act 1970 20 Benefit of widows of members other than continuing members (1) The widow of a member or former member (other than the widow of a continuing member, a former continuing member or a former new member who had converted the whole of the pension entitlement to a lump sum) is entitled to payment of a sum— (a) in the case of the widow of a new member who has not served for an aggregate period of 8 years—in accordance with whichever of the following formulae, for A or F, yields the greater amount— A = . 375 × B × C × D --- E where— A means the amount payable. B means the value— (a) 10, if the member’s age at death is less than 66 years; or (b) 10 less half the difference between the member’s age and 65, if the member’s age at death is 66 years or more but less than 75 years; or (c) zero, if the member’s age at death is 75 years or more. C means the basic salary payable at the date of the member’s death. D means the total salary received by the member. E means the total basic salary in respect of the period of service of the member in the Assembly. F=GxH where— F means the amount payable. G means 40% of the basic salary payable at the date of the member’s death.

s 20 29 s 20 Parliamentary Contributory Superannuation Act 1970 H means the factor set forth in the schedule opposite the age at nearest birthday of the widow at the date of the member’s death. (b) in the case of the widow of a new member who has served for an aggregate period of 8 years or more—in accordance with whichever of the following formulae, for A or F, yields the greater amount— A = 3 ⁄ 4 × I × B × C × - D -- E where— A means the amount payable. B , C , D and E means respectively the same values as are ascribed to them in paragraph (a). I means the value— . 5 + . -- 0 --- 2 --- 5 - × ( t – 96 ) 12 the symbol ‘t’ having a value of 240 or a less number, being the number of complete months during which the member received salary as a member prior to death. F=GxH where— F means the amount payable. G means either— (a) 2 / 3 x I x C x D - E -- ; or (b) .4 x C; whichever yields the greater value. I , C , D and E mean respectively the same values as are ascribed to them in this paragraph. H means the factor set forth in the schedule opposite the age at nearest birthday of the widow at the date of the member’s death.

s 20 30 s 20 Parliamentary Contributory Superannuation Act 1970 (c) in the case of the widow of a former new member who was or but for the application of section 24 14 would have been in receipt of a pension immediately before the member’s death—in accordance with the formula— A = B × C --- × E D where— A means the amount payable. B means— (a) two-thirds of the pension that became or but for the application of section 24 would have become payable to the former member when the former member ceased to be a member; or (b) 40% of the basic salary on— (i) if the former member ceased to be a member before the former member’s 70th birthday— the day the former member ceased to be a member; or (ii) if the former member ceased to be a member on or after the former member’s 70th birthday—the day before the former member’s 70th birthday; whichever is the greater; however, if the former member had, pursuant to section 18 or 19A, converted a part of the pension entitlement to a lump sum payment such amount shall be reduced by the proportion that the part in respect of which the election to convert was made bears to the whole of the former member’s pension entitlement. C means the annual amount of the pension that was payable under this Act to the person through whom the widow derives the entitlement immediately before the person’s death or, where that person had made an election under section 18, 19A or 24 applied to the 14 Section 24 (Reduction of pension in certain cases)

s 20 31 s 20 Parliamentary Contributory Superannuation Act 1970 person, that would have been payable under this Act to that person immediately before the person’s death but for the election or the application of section 24. D means the annual amount of the pension (being the pension to which definition C refers) that was payable or, as the case may be, would have been payable under this Act to the person through whom the widow derives the entitlement on that person ceasing to be a member. E means the factor set forth in the schedule opposite the age at nearest birthday of the widow as at the date of the former member’s death. (d) in the case of the widow of a former member who ceased to be a member prior to 22 October 1983 and immediately before the former member’s death, was entitled to a pension or would have been entitled to a pension but for an election under section 18 or the application of section 24—in accordance with the formula— A = B × - CD -- × E where— A means the amount payable. B means— (a) five-eighths of the pension that became payable to the former member when the former member ceased to be a member; or (b) 40% of the basic salary at the time when the former member ceased to be a member; whichever is the greater. C means the annual amount of the pension that was payable under this Act to the person through whom the widow derives the entitlement immediately before the person’s death or, where that person had made an election under section 18 or 24 applied to the person, that would have been payable under this Act to that

s 20AA 32 Parliamentary Contributory Superannuation Act 1970 s 20AA person immediately before the person’s death but for the election or the application of section 24. D means the annual amount of the pension (being the pension to which definition C refers) that was payable or, as the case may be, would have been payable under this Act to the person through whom the widow derives the entitlement on that person ceasing to be a member. E means the factor set forth in the schedule opposite the age at nearest birthday of the widow as at the date of the former member’s death. (2) This section is subject to section 20AA. 20AA Benefits payable to a widow of a new member who died on or after the new member’s 70th birthday (1) This section applies to a widow of a new member who died on or after the new member’s 70th birthday. (2) Subsection (3) applies if the new member had completed less than 8 years of service as a member before the new member’s 70th birthday. (3) Despite section 20(1)(a) or (b), the widow is entitled to receive an amount calculated using the following formula— A+B where— A means the amount the new member would have been entitled to receive, under section 17(2)(c), had the new member ceased to be a member on the day before the new member’s 70th birthday. B means the interest that would have been earned on the investment of A during the period, had A been invested on a compounded basis during the period, calculated by reference to— (a) if there is 1 interest rate for the period—the interest rate; or (b) if there are different interest rates for different parts of the period—the interest rates.

s 20AA 33 Parliamentary Contributory Superannuation Act 1970 s 20AA (4) Subsection (5) applies if the new member completed at least 8 years of service as a member before the new member’s 70th birthday. (5) Despite section 20(1)(b), the widow is entitled to receive a pension that is the same amount as the pension the new member would have been entitled to receive under section 17A(3) had the new member ceased to be a member, on the day of the new member’s death, for a reason mentioned in section 17(1)(b). (6) Subsections (7) and (8) apply if— (a) the new member died before the new member’s 75th birthday; and (b) the widow is entitled to receive a pension under subsection (5). (7) The widow may, by written notice given to the trustees within 3 months after the new member’s death, elect to convert the whole or part of the pension to a lump sum. (8) The lump sum is the same amount the new member would have received, under section 18, had the new member— (a) become entitled to receive a pension under section 17A(3) on the day of the new member’s death; and (b) made an election under section 18 on the same day that the widow makes the election under subsection (7). (9) In this section— interest rate , for the period or part of the period, means the interest rate decided by the trustees as being indicative of the net interest earned on the fund during the period or part of the period. net interest , earned on the fund, means the amount earned on the investment of the fund after deducting— (a) the costs of administering the fund; and (b) expenses incurred in effecting the investment; and (c) taxes payable on income earned on the investment. period means the period— (a) starting on the new member’s 70th birthday; and

s 20A 34 Parliamentary Contributory Superannuation Act 1970 s 20A (b) ending on the day the new member died. 20A Widow’s right to substitute pension for entitlement (1) The widow of a member or former member (other than the widow of a continuing member, a former continuing member, or a former new member who had converted the whole of the pension entitlement to a lump sum) may elect not to receive the sum payable to a widow pursuant to section 20 but to receive in lieu a pension on and from the day following the date of the member’s or former member’s death until the widow’s death. (2) The rate of widow’s pension payable shall be calculated— (a) in the case of the widow of a new member who has not served for an aggregate period of 8 years—in accordance with the formula— P=BxC where— B means 40% of the basic salary payable at the date of the member’s death. C means a fraction that is equivalent to the percentage of the amount of widow’s entitlement in respect of which the widow desires to substitute a widow’s pension. P means the annual amount of widow’s pension. (b) in the case of the widow of a new member who has served for an aggregate period of 8 years or more—in accordance with the formula— P=BxC where— B means either— (a) two-thirds of the pension that would have become payable to the member if the member had ceased to be a member on the date of the member’s death and had been entitled to a pension under section 17; or

s 20A 35 Parliamentary Contributory Superannuation Act 1970 s 20A (b) 40% of the basic salary payable at the date of the member’s death; whichever is the greater. C means a fraction that is equivalent to the percentage of the amount of widow’s entitlement in respect of which the widow desires to substitute a widow’s pension. P means the annual amount of widow’s pension. (c) in the case of the widow of a former new member who was or but for the application of section 24 would have been in receipt of a pension immediately before the former member’s death—in accordance with the formula— P = B × - CD -- × E where— B means— (a) two-thirds of the pension that became or but for the application of section 24 would have become payable to the former member when the former member ceased to be a member; or (b) 40% of the basic salary at the time when the former member ceased to be a member; whichever is the greater; however, if the former member had, pursuant to section 18 or 19A, converted a part of the pension entitlement to a lump sum payment such amount shall be reduced by the proportion that the part in respect of which the election to convert was made bears to the whole of the former member’s pension entitlement. C means the annual amount of the pension that was payable under this Act to the person through whom the widow derives the entitlement immediately before the person’s death or, where that person had made an election under section 18, 19A or 24 applied to the person, that would have been payable under this Act to

s 20A 36 Parliamentary Contributory Superannuation Act 1970 s 20A that person immediately before the person’s death but for the election or the application of section 24. D means the annual amount of the pension (being the pension to which definition C refers) that was payable or, as the case may be, would have been payable under this Act to the person through whom the widow derives the entitlement on that person ceasing to be a member. E means a fraction that is equivalent to the percentage of the amount of widow’s entitlement in respect of which the widow desires to substitute a widow’s pension. P means the annual amount of widow’s pension. (d) in the case of the widow of a former member who ceased to be a member before 22 October 1983 and who immediately before the former member’s death was entitled to a pension or would have been entitled to a pension but for an election under section 18 or the application of section 24—in accordance with the formula— P = - B -- C where— B means the sum to which the widow is entitled pursuant to section 20 or, where the election relates to part only of that sum, the value of that part. C means the factor set forth in the schedule opposite the age at nearest birthday of the widow as at the date of the former member’s death. P means the annual amount of widow’s pension. (3) An election under subsection (1)— (a) shall be in writing; and (b) shall be made within 6 months after the date on which the entitlement to payment of the sum to the widow arises; and

s 20B 37 Parliamentary Contributory Superannuation Act 1970 s 20B (c) shall specify the percentage of the amount of entitlement in respect of which the elector desires to substitute a widow’s pension. (4) To remove doubt, it is declared that this section does not apply to a person who is entitled to receive a benefit under section 20AA(3). 20B Pension for widow of continuing member (1) Upon the death of a former continuing member (other than a continuing member who has elected to be treated as a new member) who immediately before his or her death was in receipt of, or who, if the former continuing member had not, pursuant to section 18, converted the whole of his or her pension entitlement to a lump sum or if section 24 had not applied to the former continuing member, would have been entitled to receive, a pension under the provisions of this part the widow of that person shall until death be entitled to an annual pension at the rate of— (a) five-eighths of the pension that became payable to the former member when the former member ceased to be a member or, if the former member had pursuant to section 18 converted the whole or part of the pension entitlement to a lump sum payment, five-eighths of the pension that would have been payable to the former member when the former member ceased to be a member if the former member had not so converted the whole or part of the pension entitlement; or (b) 40% of the basic salary at the time when the former member ceased to be a member; whichever is greater, increased by the fraction— - A -- B where— A means the annual amount of pension that was payable under this Act to the person through whom the widow derives the entitlement immediately before the person’s death or, where that person had made an election under section 18 or 24 applied to the person, that would have

s 21 38 s 21 Parliamentary Contributory Superannuation Act 1970 been payable under this Act to that person immediately before the person’s death but for the election or the application of section 24. B means the annual amount of the pension (being the pension to which definition A refers) that was payable or, as the case may be, would have been payable under this Act to the person through whom the widow derives the entitlement on that person ceasing to be a member. (2) Upon the death of a continuing member (other than a continuing member who has elected to be treated as a new member) who has served for an aggregate period of 8 years or more the widow of that person shall until death be entitled to an annual pension at the rate of— (a) five-eighths of the pension that would have become payable to that person if the person had ceased to be a member on the date of the person’s death and had been entitled to a pension under section 17; or (b) 40% of the basic salary payable at the date of the person’s death; whichever is greater. (3) Upon the death of a continuing member (other than a continuing member who has elected to be treated as a new member) before the continuing member has served for an aggregate period of 8 years the widow of that person shall until death be entitled to a pension at the rate of 40% of the basic salary at the time of the continuing member’s death. 21 Payments to children (1) Subject to this section, on the death— (a) of a person receiving, or of a person (being a member other than a new member) who if the person had not pursuant to section 18 converted the whole of the person’s pension entitlement to a lump sum would have been entitled to receive, a pension under section 17, 17A(3) or 19; or (b) of a member;

s 21 39 s 21 Parliamentary Contributory Superannuation Act 1970 leaving any child or children under the age of 16, or where the trustees are satisfied that he or she is or they are receiving full-time education at a school, college or university 25 years, the trustees may, subject to this section, make from the fund payments in respect of the child or children. (2) Subject to subsection (3), a payment from the fund under subsection (1)— (a) where the widow of the person through whom the child’s benefit is derived is living—shall be at the rate of $50 per fortnight, which shall be adjusted in accordance with the cost of living adjustment provided for in section 25A from and including the first pay-period that occurs wholly in August 1987; or (b) in a case other than one to which paragraph (a) applies—where the person through whom the child’s benefit is derived was a member at the date of the person’s death— (i) in the case of payment for the benefit of 1 child only—shall be at the rate of pension under this Act (including any increase in the rate pursuant to this Act) that would be payable to the widow of that person if the widow were living and entitled to such a pension; or (ii) in the case of payment for the benefit of 2 or more children—shall be at the rate of pension under this Act (including any increase in the rate pursuant to this Act) that would have been payable to that person, being a person who had served as a member for an aggregate period of 11 years or more, had the person ceased to be a member, other than by reason of death, on the date of the person’s death; or shall be at the rate of pension under this Act (including any increase in the rate pursuant to this Act) that would have been payable to that person, being a person who had served as a member for less than an aggregate period of 11 years, had the person ceased to be a member by reason of ill health on the date of the person’s death; or

s 21 40 s 21 Parliamentary Contributory Superannuation Act 1970 (c) in a case other than one to which paragraph (a) applies—where the person through whom the child’s benefit is derived had ceased to be a member before the date of the person’s death— (i) in the case of payment for the benefit of 1 child only—shall be at the rate of pension under this Act (including any increase in the rate pursuant to this Act) that would be payable to the widow of that person if the widow were living and entitled to such a pension; or (ii) in the case of payment for the benefit of 2 or more children— (A) where the person through whom the child’s benefit is derived had been a new member— shall be at the rate of pension under this Act (including any increase in the rate pursuant to this Act) that was payable to that person at the date of the person’s death; or (B) where the person through whom the child’s benefit is derived had been a member other than a new member—shall be at the rate of pension under this Act (including any increase in the rate pursuant to this Act) that was payable to that person at the date of the person’s death or, if the person had converted, pursuant to section 18, the whole or part of the person’s pension entitlement to a lump sum, that would have been payable to that person at the date of the death if the person had not so converted. (3) Where by reason of the death of a member or a former member a payment is to be made under subsection (1) for the benefit of 2 or more children it shall be made for their benefit in equal shares.

s 21 41 s 21 Parliamentary Contributory Superannuation Act 1970 (4) Where by reason of the death of a member the only benefit derived through the member is a child’s benefit under subsection (1) arising on or after the passing of the Superannuation Acts Amendment Act 1987 15 and the amount of benefit payable in respect of the child or, where there are more than 1 child who derive the benefit, in respect of all of them (disregarding for the purpose of calculating that amount any increase in the rate of pension payable since the time when the benefit arose) is less than the amount that would have been payable under section 20 to the widow of the member had the member left a widow upon the member’s death, there may be paid to such persons as are approved by the trustees, in equal shares if more than 1, the difference between the 2 amounts hereinbefore referred to in this subsection. (5) Payment from the fund under this section shall not be made in respect of a child or children the issue of a marriage contracted by a person, or of a de facto relationship entered into by a person, after the person had finally ceased to be a member. (6) Payment under this section in respect of any particular child or children may be made as determined from time to time by the trustees to the widow of the former member, to the guardian or, if deemed necessary or expedient by the trustees for the better maintenance, support or education of such child or children, in whole or in part to such person as the trustees determine. (7) A payment to a child may be made under this section at any time— (a) after the death of the member or former member through whom the child’s benefit is derived; and (b) while the child is— (i) under 16 years; or 15 Superannuation Acts Amendment Act 1987 commenced 23 April 1987 (see 1987 No. 27).

s 22A 42 Parliamentary Contributory Superannuation Act 1970 s 23 (ii) if the trustees are satisfied the child is receiving full-time education at a school, college or university—under 25 years. (8) If a benefit is payable under this section at a rate of pension payable to a former member or someone else, sections 25C and 25D 16 do not apply to the pension for the purpose of calculating or paying the benefit. (9) The trustees shall not be under any obligation or duty to inquire into or see to the proper application of any moneys paid from the fund under this section. 22A Endowment benefit to new members who were continuing members A continuing member who has elected pursuant to this Act to be treated as a new member and who has pursuant to section 18 converted the whole or part of the pension entitlement to a lump sum payment is entitled, in addition to the benefits to which the continuing member is entitled under section 17, 17A(3) or 18, to an amount determined by the actuary and approved by the trustees, having regard to the period for which deductions have been made from salary paid to that member before 22 October 1983 and paid to the fund. 23 Pension entitlement reduced if the member has previously converted pension entitlement Notwithstanding anything in this part, where a person who, on ceasing to be a member, converted the whole or part of the person’s pension entitlement to a lump sum becomes entitled to a pension under this Act the amount of the person’s annual pension entitlement shall be reduced by the amount of annual pension entitlement in respect of which the conversion was made escalated to an amount determined by the actuary. 16 Sections 25C (Superannuation contributions surcharge) and 25D (Election to take part of pension as a lump sum to meet surcharge liability)

s 23AA 43 Parliamentary Contributory Superannuation Act 1970 s 23A 23AA Death benefit reduced if pension converted (1) This section applies in relation to a member (other than a continuing member) who— (a) dies while serving as a member; and (b) had, under this Act, previously converted a pension entitlement, in whole or part, to a lump sum. (2) Despite any other provision of this part, the benefit payable on the member’s death must be calculated disregarding the period, or part of the period, of service as a member to which the conversion of the pension entitlement related. 23A Entitlement in respect of beneficiary who becomes a member (1) A person who— (a) being a contributor under the State Service Superannuation Act 1972 (the 1972 Act ), has retired or been retired and has thereby become entitled to any payment on account of any entitlement under the 1972 Act, and becomes a member; or (b) being a contributor under the Police Superannuation Act 1974 (the 1974 Act ) , has retired or been retired and has thereby become entitled to any payment on account of any entitlement under the 1974 Act, and becomes a member; is not a person to whom or in relation to whom this Act applies unless, within a period of 3 months after first so becoming a member, the person elects, by notice in writing given to the trustees, to be treated as a person to and in relation to whom this Act applies whereupon the person shall become and be such a person on and from the date of first so becoming a member but, notwithstanding any other provision of this Act, the amount of the person’s entitlement under this Act, other than under section 17(2) or (3A), or of the entitlement under this Act of any other person arising by reason of being a person to and in relation to whom this Act applies, other than the entitlement of the person’s personal representative under section 17(3A), shall be reduced by an amount determined by the actuary, having regard to the

s 24 44 s 24 Parliamentary Contributory Superannuation Act 1970 amount of the subsidy component of the payment on account of any entitlement referred to in paragraph (a) or (b). (2) In this section— subsidy component , in relation to a payment, means that part of the payment that is not financed by the contributions of the contributor. 24 Reduction of pension in certain cases (1) If— (a) a person who is receiving or is entitled to receive a pension under this Act again becomes a member of the Legislative Assembly; or (b) a person who is receiving or is entitled to receive a pension under this Act becomes a member of the Parliament of the Commonwealth or of any State (including Queensland) and receives or is entitled to receive any salary or parliamentary allowance in the nature of salary in respect of the person’s office as such member; or (c) a person (being a person who has ceased to be a member) who is receiving or is entitled to receive a pension under this Act holds any office or place of profit under the Crown, whether in Queensland or elsewhere, for which the person is remunerated or entitled to be remunerated out of moneys of the Crown; then, whilst such person continues to be such a member or, as the case may be, to hold such an office or place of profit the following consequences ensue— (d) if the salary or parliamentary allowance, or as the case may be, the remuneration which the person receives or is entitled to receive as such a member or, as the case may be, the holder of such an office or place of profit is at a rate equal to or greater than the person’s pension under this Act—that pension shall not be payable; (e) if the salary or parliamentary allowance or, as the case may be, the remuneration which the person receives or is entitled to receive as such a member or, as the case

s 24A 45 Parliamentary Contributory Superannuation Act 1970 s 24A may be, the holder of such an office or place of profit is at a rate less than that of the person’s pension under this Act—the rate of that pension shall be reduced by the rate of the salary, allowance or, as the case may be, remuneration. (2) Subsection (1) shall be deemed not to apply to or in relation to a person in respect of the holding of an office or place of profit referred to in subsection (1)(c) where the appointment to the office or place of profit in question was made after that person last ceased to be a member. (3) Where a person to whom, but for the provisions of subsection (1), a pension under this Act would have been payable dies, the widow of that person, any child or children of that person and any female member of that person’s family named in a notice given to the trustees under former section 22(1) shall be entitled to receive the same pension or payments under this Act as she or they would have been entitled to receive if the person firstmentioned in this subsection had not been a person to whom the consequences mentioned in subsection (1) were applicable and was at the time of death in receipt of the person’s full pension entitlement under this Act. (4) In this section— former section 22(1) means section 22(1) as in force before 14 June 1990. 24A When particular pension entitlement ends (1) This section applies to a member if— (a) the member is entitled to a pension, under section 17(1) or 19, that is not payable or is reduced under section 24(1)(d) or (e) (the first pension ); and (b) the member again becomes entitled to a pension under section 17(1) or 19 on again ceasing to be a member. (2) The member’s entitlement to the first pension ends when the member again becomes entitled to a pension under section 17(1) or 19.

s 25 46 s 25 Parliamentary Contributory Superannuation Act 1970 (3) Subsection (2) does not limit the member’s entitlement to a pension under this Act for the aggregate period for which he or she was a member. 25 Increase in rates of pensions etc. (1) Notwithstanding any other provision of this part, a person who is entitled to receive a pension under section 17, 17A(3) or 19 is entitled to an increase in the rate of that pension in accordance with this section. (2) The increased rate of pension referred to in subsection (1) payable to the person in question from time to time shall be the rate ascertained in accordance with the formula— P (1 + .03T) where— P means the rate of pension prescribed in relation to that person at the time in question by the provisions of this part (other than this section). T means the number of periods each of 12 months that have elapsed between— (a) the date on which the person to whom the pension in question is payable or through whom the entitlement to the pension is derived last ceased to be a member or to be entitled to salary (whether by reason of death or any other cause whatsoever) whichever last occurs; and (b) the date at which the increased rate is to be ascertained; increased, where in the instant case the pension in question became payable to the person concerned before 1 July 1973, by 1. (3) A person entitled to receive pension under the provisions of this Act referred to in subsection (1) is entitled to receive that pension at the increased rate thereof ascertained in accordance with this section in lieu of pension at the rate prescribed by those provisions. (4) This section shall not apply in relation to pension entitlement which arises on or after 1 July 1974 or so as to increase in

s 25AA 47 Parliamentary Contributory Superannuation Act 1970 s 25AA respect of any period, or part of a period, occurring on or after 1 July 1974 the rate of any pension payable under this Act. 25AA Competing claims for widow’s entitlement (1) This section applies to an entitlement that is payable under this Act to a widow of a member or former member. (2) If, apart from this subsection, the entitlement would be payable to more than 1 widow (because a deceased member or deceased former member has left more than 1 widow)— (a) the entitlement is payable as decided by the trustees; and (b) the total amount of entitlement payable to the widows at any time must be equal to the amount of a single entitlement. (3) For subsection (2)(a), the trustees may decide— (a) that the entitlement is not payable to 1 or some, but not all, of the widows; or (b) subject to subsection (2)(b), how the amount of the entitlement is to, or, if necessary for subsection (6), would, if the same type of entitlement was payable to all the widows, be apportioned between the widows. (4) For subsection (3), the trustees must have regard to the needs of each of the widows and the other matters the trustees reasonably consider relevant. (5) Subsection (6) applies if— (a) a deceased member has left more than 1 widow and a widow makes an election under section 20AA(7) or 20A(1) (the electing widow ); or (b) a deceased former member has left more than 1 widow and a widow makes an election under section 20A(1) (also the electing widow ). (6) Despite section 20AA(8) or 20A(2) the lump sum or pension payable to the electing widow is that decided by the trustees having regard to the apportionment for the electing widow. (7) In this section— entitlement means a pension or other amount.

s 25A 48 Parliamentary Contributory Superannuation Act 1970 s 25A single entitlement means the entitlement that would have been payable if the deceased member or deceased former member left only 1 widow. 25A Indexation of pensions (1) This section applies to a pension payable to a person under section 17, 17A(3), 19, 20AA, 20A, 20B or 25K during a financial year if the pension was payable to the person immediately before the start of the financial year. (2) To remove any doubt, it is declared that this section applies to a pension that is not payable, or is reduced, under section 24(1)(d) or (e). (3) As soon as practicable after the start of the financial year, the trustees must reassess the amount of the pension and either increase it or maintain it at the same level as in the previous financial year, as follows— (a) for a pension payable to a relevant person— (i) if the basic salary at 1 July of the financial year is higher than the basic salary at 1 July of the previous financial year, the pension must be increased by the percentage increase between the 2 basic salaries; or (ii) otherwise, the pension remains the same; (b) for another pension— (i) if the June index for the previous financial year is higher than the last adjustment index for the pension, the pension must be increased by the percentage increase between the 2 indexes; or (ii) otherwise, the pension remains the same. (4) If the pension is increased under the reassessment, the pension is payable to the person at the increased level from the first pay period that falls entirely in the month of August in the financial year. (5) A percentage increase between 2 basic salaries or 2 indexes under subsection (3)(a)(i) or (b)(i) must be calculated to 1 decimal place.

s 25B 49 Parliamentary Contributory Superannuation Act 1970 s 25B (6) In this section— entitled former spouse has the same meaning as in part 3A. last adjustment index , for a pension, means— (a) if the pension has ever been increased under this section—the June index for the financial year immediately before the financial year in which the pension was last increased under this section; or (b) otherwise—the June index for the financial year immediately before the financial year in which the pension started being payable. pay period , for a pension, means the fortnightly period in relation to which each pension payment is payable under section 32. relevant person , for a pension, means— (a) if the pension is payable under section 17, 17A(3) or 19—a person who was a member immediately before the commencement of the Superannuation Legislation Amendment Act 2004 , part 4; or (b) if the pension is payable under section 20AA, 20A, 20B or 25K—a person who derives the pension through, or is the entitled former spouse for, a person mentioned in paragraph (a). 25B Minimum benefit payable (1) Despite any other provision of this Act, a person who ceases to be a member is entitled to the minimum benefit (if any) determined by an actuary approved by the trustees. (3) In this section— minimum benefit means the amount of payment, pension or preserved benefit entitlement that is determined to avoid payment of the superannuation guarantee charge. superannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Cwlth).

s 25C 50 Parliamentary Contributory Superannuation Act 1970 s 25D 25C Superannuation contributions surcharge (1) This section applies if a benefit is payable to a former member or to someone else who has derived an entitlement to the benefit through a former member. (2) Subject to subsection (3), the trustees must deduct, from the State-financed component of the benefit, an amount equal to the balance of the former member’s surcharge debt account. (3) The maximum amount that the trustees may deduct is the total of the following amounts— (a) 15% of the State-financed component of the part of the benefit that accrued after 20 August 1996 and before 1 July 2003; (b) 14.5% of the State-financed component of the part of the benefit that accrued after 30 June 2003 and before 1 July 2004; (c) 12.5% of the State-financed component of the part of the benefit that accrued after 30 June 2004 and before 1 July 2005. (4) If the benefit is payable in the form of a pension, the trustees must reduce the pension, by the amount required to be deducted under subsections (2) and (3), in the way decided by the Minister on the advice of an actuary. (5) This section does not apply to a benefit payable under section 21. 17 (6) In this section— surcharge debt account , for a former member, means the surcharge debt account kept for the former member under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth), section 16. 25D Election to take part of pension as a lump sum to meet surcharge liability (1) This section applies if— 17 Section 21 (Payments to children)

s 25D 51 Parliamentary Contributory Superannuation Act 1970 s 25D (a) a benefit is being paid in the form of a pension to a former member or to someone else who has derived an entitlement to the benefit through the former member; and (b) the former member or other person is liable to pay a superannuation contributions surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth), section 10, relating to the benefit. (2) The former member or other person may elect to be paid a lump sum instead of a part of the pension. (3) The maximum amount that may be paid as a lump sum under the election is the amount of the liability mentioned in subsection (1)(b). (4) The election must be— (a) made in writing to the trustees; and (b) accompanied by a copy of the assessment stating the amount of the liability mentioned in subsection (1)(b). (5) The trustees must act on the election by reducing the pension by the amount of the lump sum. (6) The reduction must happen in the way decided by the Minister on the advice of an actuary. (7) This section does not apply to a benefit payable under section 21. 18 (8) In this section— assessment means an assessment of superannuation contributions surcharge made by the commissioner of taxation under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth), section 15. 18 Section 21 (Payments to children)

s 25E 52 Parliamentary Contributory Superannuation Act 1970 s 25F Part 3A Agreements and court orders under Family Law Act 25E Definitions for pt 3A In this part— agreement means an agreement mentioned in the definition entitled former spouse . court order means a court order mentioned in the definition entitled former spouse . entitled former spouse means a person who is entitled or conditionally entitled under an agreement, or a court order, under the Family Law Act, part VIIIB, 19 to payment of an amount from the fund. Family Law Act means the Family Law Act 1975 (Cwlth). operative time , for an agreement or court order, is the time that is, under the Family Law Act, part VIIIB, the operative time in relation to the payment split or payment flag under the agreement or order. service means service as a member. 25F Providing information (1) This section applies if an eligible person within the meaning of the Family Law Act, section 90MZB, 20 applies under that section to the trustees for information about a benefit that is being paid, or may become payable, under this Act. (2) The trustees must give to the eligible person the information as required under the Family Law Act. (3) If the information is about a member who has not completed 8 years service, the information may include an accrued benefit multiple for the benefit decided by the trustees on the advice of an actuary. 19 The Family Law Act, part VIIIB (Superannuation interests) 20 The Family Law Act, section 90MZB (Trustee to provide information)

s 25G 53 Parliamentary Contributory Superannuation Act 1970 s 25H (4) If the information is about a member who has completed at least 8 years service, the information may include the value of the benefit, decided by the trustees on the advice of an actuary, that may become payable to the member. 25G Agreement or court order for member with less than 8 years service at the operative time (1) This section applies if— (a) the trustees receive an agreement or court order that relates to a benefit payable to a person; and (b) at the operative time for the agreement or order, the person is a member who has not completed 8 years service; and (c) on ceasing to be a member, the person is entitled to a benefit, other than a pension, under this Act. (2) The trustees must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or order the amount to which he or she is entitled under the agreement or order. (3) However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the person ceases to be a member, the trustees must pay the amount to the State Public Sector Superannuation Fund on behalf of the entitled former spouse. (4) This section does not apply to an agreement or court order if the entitled former spouse makes an election under section 25I in relation to the agreement or order. 25H Agreement or court order for member with at least 8 years service at the operative time (1) This section applies if— (a) the trustees receive an agreement or court order that relates to a benefit payable to a person; and (b) at the operative time for the agreement or order, the person is a member who has completed at least 8 years service.

s 25I 54 Parliamentary Contributory Superannuation Act 1970 s 25I (2) The trustees must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or order the amount to which he or she is entitled under the agreement or order. (3) However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the trustees receive the agreement or order, the trustees must pay the amount to the State Public Sector Superannuation Fund on behalf of the entitled former spouse. 25I Agreement or court order for member with at least 8 years service after the operative time (1) This section applies if— (a) the trustees receive an agreement or court order that relates to a benefit payable to a person; and (b) at the operative time for the agreement or order, the person is a member who has not completed 8 years service; and (c) the person completes at least 8 years service. (2) The entitled former spouse for the agreement or order may, by written notice given to the trustees, elect to receive an amount under this section. (3) The notice must be given to the trustees within 3 months after the day the member completes 8 years service. (4) Also, the entitled former spouse may, within 3 months after the day the member completes 8 years service, nominate an approved deposit fund, or a superannuation fund, for payment of the amount. (5) If the entitled former spouse makes an election under this section, the trustees must— (a) calculate the amount, on the advice of an actuary and as at the date the notice of the election is given to the trustees, that the entitled former spouse is to receive; and (b) pay the amount to—

55 Parliamentary Contributory Superannuation Act 1970 (i) if the entitled former spouse nominates an approved deposit fund, or a superannuation fund, for payment of the amount—that fund; or (ii) otherwise—the State Public Sector Superannuation Fund. (6) To help a person decide whether to make an election under this section, the trustees must inform the person of the likely amount to be calculated under subsection (5)(a). Note — If an entitled former spouse makes an election under this section in relation to an agreement or court order, sections 25G and 25K do not apply to the agreement or order. 25J Effect of agreement or court order on particular benefits (1) The trustees must reduce the benefit that, other than for an agreement or court order to which section 25G, 25H or 25I applies, would be payable from the fund to a person by the amount paid to the entitled former spouse for the agreement or order. (2) The trustees must reduce the benefit in the way decided by the trustees on the advice of an actuary. (3) However, the trustees must reduce each component of the benefit in equal proportions. (4) In this section— component , of a benefit, means— (a) the cashable amount, or preserved amount, of the benefit within the meaning of section 18A; or (b) the non-preserved transfer amount of the benefit. non-preserved transfer amount , of a benefit, means an amount received by the trustees under section 33B. 25K Agreement or court order—pensions (1) This section applies if the trustees receive an agreement or court order that relates to—

s 25K 56 Parliamentary Contributory Superannuation Act 1970 s 25K (a) a benefit that, at the operative time for the agreement or order, is a pension being paid to a former member under section 17(1) or 19; or (b) a benefit payable to a person who— (i) at the operative time for the agreement or order, is a member who has not completed 8 years service; and (ii) on ceasing to be a member is entitled to a pension under section 17(1) or 19. (2) Subject to subsection (4), the trustees must pay the entitled former spouse for the agreement or order the proportion, stated in the agreement or order, of the splittable payment to which he or she is entitled under the agreement or order (the spousal amount ). (3) The trustees must reduce the splittable payment that, other than for the agreement or order, would be payable from the fund to a person by the spousal amount. (4) The trustees must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the trustees, to be paid a lifetime pension. (5) The notice must be given to the trustees— (a) for an agreement or court order for a benefit mentioned in subsection (1)(a)—within 3 months after the day the trustees receive the agreement or order; or (b) for an agreement or court order for a benefit mentioned in subsection (1)(b)— (i) if the person entitled to the benefit elects to convert the whole or a part of the benefit to a lump sum payment under section 18(1)—within 3 months after the day the trustees receive the notice of the election under that subsection; or (ii) otherwise—within 6 months after the day the benefit becomes payable. (6) If an entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the trustees on the advice of an actuary.

s 25L 57 Parliamentary Contributory Superannuation Act 1970 s 25N (7) This section does not apply to an agreement or court order if the entitled former spouse makes an election under section 25I in relation to the agreement or order. (8) In this section— splittable payment see the Family Law Act, section 90ME. 21 25L Effect of agreement or court order on other benefits Despite section 20, 20AA, 20A or 27, 22 an entitled former spouse is not entitled to receive a benefit under any of the provisions. 25M Trustees to inform entitled former spouse If the trustees receive an agreement or court order from a person other than the entitled former spouse for the agreement or order, the trustees must as soon as practicable inform the entitled former spouse of the receipt of the agreement or order. 25N Trustees may charge reasonable fee The trustees may, in relation to an agreement or court order, charge a reasonable fee for a matter for which the trustees are allowed to charge a fee under a regulation under the Family Law Act, section 90MY. 23 21 The Family Law Act, section 90ME (Splittable payments) 22 Section 20 (Benefit of widows of members other than continuing members), 20AA (Benefits payable to a widow of a new member who died on or after the new member’s 70th birthday), 20A (Widow’s right to substitute pension for entitlement) or 27 (Annuity to widow’s and female dependents payable or to become payable under repealed provisions) 23 The Family Law Act, section 90MY (Fees payable to trustee)

s 26AA 58 Parliamentary Contributory Superannuation Act 1970 s 26 Part 4 Transitional Provisions Division 1 Provisions for Act before commencement of Superannuation and Other Legislation Amendment Act 2000 26AA Definition for pt 4 In this part— repealed Acts specified in schedule 1 means the Acts mentioned in schedule 1 immediately before the commencement of the Superannuation Legislation Amendment Act 1992 . 24 26 Annuity payable or to become payable under repealed Acts (1) The right and interest in respect of annuity that, before the commencement of this Act, became payable under any of the provisions of the repealed Acts specified in schedule 1 to a person by reason of the person ceasing to be a member are, to the extent subsisting immediately prior to the date of commencement of this Act, hereby preserved and continued on and from that date and accordingly payment as necessary to give effect to this subsection shall be made from the fund. (2) Where immediately prior to the commencement of this Act a person who ceased to be a member but who was not entitled forthwith to payment of an annuity but had a right or claim under the provisions of the repealed Acts specified in schedule 1 to the payment of annuity upon attaining a prescribed age, that person shall have the same right or claim to payment of annuity as that person would have had under those provisions if this Act had not been passed and the said provisions had continued in force and accordingly payments as necessary to give effect to this subsection may be made accordingly. 24 Superannuation Legislation Amendment Act 1992 commenced 23 June 1992.

s 27 59 s 27 Parliamentary Contributory Superannuation Act 1970 27 Annuity to widow’s and female dependents payable or to become payable under repealed provisions (1) The right and interest of a person in respect of annuity payable to the widow or female dependent of— (a) a member who died; or (b) a person who having ceased to be a member died; that, before the commencement of this Act, became payable under any of the provisions of the repealed Acts specified in schedule 1 to the widow or female dependent are, to the extent subsisting immediately prior to the date of commencement of this Act, hereby preserved and continued on and from that date and accordingly payments as necessary to give effect to this subsection shall be made from the fund. (2) Upon the death of a person to whom section 26(1) or (2) applies, the widow, or as the case may be female dependent, of that person shall have the same right or claim to payment of annuity as the person would have had under the provisions of the repealed Acts specified in schedule 1 if this Act had not been enacted and the said provisions had continued in force and accordingly payments as necessary to give effect to this subsection shall be made from the fund. (3) A former member’s widow who before or after the passing of the Superannuation Acts Amendment Act 1987 becomes entitled to an annuity payable under any of the provisions of the repealed Acts specified in schedule 1 may within 6 months after the date on which entitlement to the annuity arises elect, by notice in writing served on the trustees, to convert the whole or any part of the pension entitlement to a lump sum payment of an amount determined by the actuary and approved by the trustees. (4) A person who makes an election under subsection (3) shall be entitled to receive the lump sum determined and approved in accordance with that subsection and from the date of payment of that lump sum the annuity entitlement of that person shall be reduced by the amount of that entitlement in respect of which the election is made.

s 28 60 s 30 Parliamentary Contributory Superannuation Act 1970 28 Payments in respect of a child or children (1) The right and interest of a person in respect of sums payable in respect of a child or children of— (a) a member who died; or (b) a person who having ceased to be a member died; that, before the commencement of this Act, became payable under any of the provisions of the repealed Acts specified in schedule 1 to the child or children are to the extent subsisting immediately prior to the date of commencement of this Act hereby preserved and continued on and from that date and accordingly payments as necessary to give effect to this subsection shall be made from the fund. (2) Upon the death of a person to whom section 26(1) or (2) applies, a child or children of that person shall have the same right or claim to payments in respect of a child or children as the child or children would have had under the provisions of the repealed Acts specified in schedule 1 if this Act had not been enacted and the said provisions had continued in force and accordingly payments as necessary to give effect to this subsection shall be made from the fund. 29 Saving To the extent necessary to give operation and effect to the provisions of this part, the provisions of the repealed Acts specified in schedule 1 (other than the Parliamentary Contributory Superannuation Fund Act 1948 , section 11A) with respect to annuities and payments in respect of a child or children of a deceased member or person who had ceased to be a member shall, notwithstanding the repeal thereof, be deemed to remain in force. 30 Increase in rates of annuities etc. (1) Notwithstanding any other provision of this part, a person who is entitled to receive annuity (whether or not that entitlement was preserved and continued under this part or arose under this part after the commencement of this Act) is entitled to an increase in the rate of the annuity in accordance with this section.

s 30A 61 Parliamentary Contributory Superannuation Act 1970 s 30A (2) The increased rate of annuity payable to the person in question from time to time shall be the rate ascertained in accordance with the formula— P (1 +.03T) where— P means the rate of annuity (without any bonus addition) prescribed in relation to that person at the time in question under the provisions of this part (other than this section). T means the number of periods each of 12 months that have elapsed between— (a) the commencement of this Act; and (b) the date at which the increased rate of pension is to be ascertained; increased by 2 or, where the pension in question became payable to the person concerned before 1 July 1973, by 3. (3) In relation to payments in respect of a child or children under this part, the Parliamentary Contributory Superannuation Fund Act 1948 , section 14A(3) shall be read as if a reference to ‘the rate of annuity under this Act’ were a reference to a rate of annuity increased in accordance with the provisions of this section. (4) This section shall not apply in relation to annuity entitlement which arises on or after 1 July 1974 or so as to increase in respect of any period, or part of a period, occurring on or after 1 July 1974, the rate of any pension payable under this Act. 30A Indexation of annuities (1) This section applies to an annuity payable to a person under this part during a financial year if the annuity was payable to the person immediately before the start of the financial year. (2) As soon as practicable after the start of the financial year, the trustees must reassess the amount of the annuity and either increase it or maintain it at the same level as in the previous financial year, as follows— (a) if the June index for the previous financial year is higher than the last adjustment index for the annuity, the

s 30B 62 Parliamentary Contributory Superannuation Act 1970 s 30B annuity must be increased by the percentage increase between the 2 indexes; (b) otherwise, the annuity remains the same. (3) If the annuity is increased under the reassessment, the annuity is payable to the person at the increased level from the first pay period that falls entirely in the month of August in the financial year. (4) A percentage increase between 2 indexes under subsection (2)(a) must be calculated to 1 decimal place. (5) In this section— last adjustment index , for an annuity, means— (a) if the annuity has ever been increased under this section—the June index for the financial year immediately before the financial year in which the annuity was last increased under this section; or (b) otherwise—the June index for the financial year immediately before the financial year in which the annuity started being payable. pay period , for an annuity, means the period in relation to which each annuity payment is payable under this part. Division 2 Provisions for Superannuation and Other Legislation Amendment Act 2000 30B Remarriage of a widow of a member or former member (1) This section applies if— (a) the widow of a member or former member stopped receiving a pension under section 20A because the widow remarried; and (b) the remarriage happened before the commencement of the section 20A amendment. (2) The commencement of the section 20A amendment does not revive the widow’s entitlement to the pension.

s 30C 63 Parliamentary Contributory Superannuation Act 1970 s 30E (3) In this section— section 20A amendment means the amendment of section 20A effected by the Superannuation and Other Legislation Amendment Act 2000 , section 15(1). 30C Remarriage of a widow of a former continuing member (1) This section applies if— (a) the widow of a former continuing member stopped receiving a pension under section 20B because the widow remarried; and (b) the remarriage happened before the commencement of the section 20B amendment. (2) The commencement of the section 20B amendment does not revive the widow’s entitlement to the pension. (3) In this section— section 20B amendment means the amendment of section 20B effected by the Superannuation and Other Legislation Amendment Act 2000 , section 16. 30D Continued receipt of widow’s pension (1) This section applies to a person who was in receipt of a pension under section 20C immediately before its repeal by the Superannuation and Other Legislation Amendment Act 2000 , section 17. (2) The person is to continue to receive the pension as if section 20C had not been repealed. 30E Reassessment of pensions for financial year starting 1 July 1999 (1) This section applies to the reassessment of a pension under section 25A at the start of the financial year starting 1 July 1999. (2) The last adjustment index for the pension is the June index for the financial year ending 30 June 1998.