Version No. 024

Parliamentary Contributory Superannuation Act 1962

No. 6968 of 1962

Version incorporating amendments as at 11 October 2012

TABLE OF PROVISIONSSection Page

1 Short title and commencement 12 Definitions 13–5 Repealed 46 Deduction from salaries of members 47 Members' superannuation benefit 48 Suspension of superannuation benefit 99 Additional superannuation benefit for former Premiers and their

widows 109A Persons entitled to payments out of the Fund 1010 Regulations 1211 Repealed 12

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ENDNOTES 13

1. General Information 13

2. Table of Amendments 14

3. Explanatory Details 15

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Version No. 024

Parliamentary Contributory Superannuation Act 1962

No. 6968 of 1962

Version incorporating amendments as at 11 October 2012

An Act to establish a Parliamentary Contributory Superannuation Fund and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

(1) This Act may be cited as the Parliamentary Contributory Superannuation Act 1962.

(2) This Act shall come into operation on the sixth day of January One thousand nine hundred and sixty-three.

2 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

Assembly means Legislative Assembly of Victoria;

basic wage means the sum of $35.05 together with such amount as is from time to time declared under subsection (5) by Order of the Governor in Council published in the Government Gazette to be the amount by which the minimum wage payable to an

1

Nos 6006 s. 37, 6051 s. 2(1).

S. 2(1) def. of basic wage substituted by No. 7723 s. 2(Sch. item 2(a)(i)).

adult male in Melbourne has increased since the 1st day of December 1968;

Council means Legislative Council of Victoria;

election means an election for the Council or the Assembly;

Fund means the Parliamentary Superannuation Fund established and kept under the Parliamentary Salaries and Superannuation Act 1968;

member means member of the Parliament of Victoria;

Parliament includes any Parliament whether held before or after or current at the commencement of this Act;

salary means salary paid to a member out of the Consolidated Revenue pursuant to Division 3 of Part II of The Constitution Act Amendment Act 1958;

ordinary superannuation benefit means a payment at the rate of twice the basic wage;

trustee means trustee of the Fund under this Act.

(2) For the purposes of this Act a member shall not be deemed to have ceased to be a member by reason only of retirement by effluxion of time or the dissolution of the Council or (as the case may be) retirement by effluxion of time or the dissolution of the Assembly.

2

S. 2(1) def. of Fund amended by No. 7723 s. 2(Sch. item 2(a)(ii)).

s. 2

S. 2(1) def. of ordinary super-annuation benefit amended by No. 7227 s. 4(a).

(3) This Act shall apply to and in relation to any person who was a member on the 5th day of December, 1964 and to any person who became a member after that date but before the commencement of Part 3 of the Parliamentary Salaries and Superannuation Act 1968 and the provisions of this Act as in force immediately before that commencement shall apply to and in relation to any person who was a member after the commencement of this Act but who is not a member on the 5th day of December, 1964 and who does not become a member after the 5th day of December, 1964 and to the widow of any such person and for the purposes of such last-mentioned application this Act as so in force before the 5th day of December, 1964 shall notwithstanding anything in the Parliamentary Salaries Pensions and Superannuation Act 1964 or in the Parliamentary Salaries and Superannuation Act 1968 be deemed to remain in force.

(4) Division 4 of Part II of The Constitution Act Amendment Act 1958 shall apply to and in relation to any person who was a member before the commencement of this Act but who is not at the said commencement a member and who does not become a member after the commencement of this Act.

s. 2S. 2(5) inserted by No. 7723 s. 2(Sch. item 2(c)), amended by No. 47/1992 s. 25(6).

(5) The Governor in Council shall by Order published in the Government Gazette within 31 days after the 30th day of June in each year declare the amount that in his opinion having regard to any awards of the Commonwealth Industrial Relations Commission is the amount by which the minimum wage has been increased between the 1st day of

3

S. 2(3) substituted by Nos 7227 s. 4(b), 7723 s. 2(Sch. item 2(b)), amended by No. 78/2004 s. 6(4)(a).

December, 1968 and the 30th day of June then last past.

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6 Deduction from salaries of members

Upon each periodical payment of the salary of a member there shall be deducted from the amount payable to him—

(a) where the payment is made at fortnightly intervals—a sum of $24;

(b) where the payment is made at other intervals—a sum at the rate equivalent to $24 per fortnight.

7 Members' superannuation benefit

(1) Subject to this Act every person who has received a salary as a member (whether after the commencement of this Act or partly before and partly after the commencement of this Act) for an aggregate period of fifteen years or more and who after the commencement of this Act ceases to be a member shall be entitled to be paid out of the Fund an ordinary superannuation benefit.

(2) Subject to this Act every person who has received a salary as a member for an aggregate period of eight years or more (whether after the commencement of this Act or partly before and partly after the commencement of this Act) and who after the commencement of this Act ceases to be a member as the result of defeat at an election or as the result of resignation for, or of not seeking re-election owing to, good and sufficient reasons

4

Ss 3–5 repealed by No. 7723 s. 2(Sch. item 2(d)).

No. 6006 s. 41.

s. 6

S. 6(a) amended by Nos 7227 s. 4(c), 7315 s. 5(1).

S. 6(b) amended by Nos 7227 s. 4(c), 7315 s. 5(1).

No. 6006 s. 42.

which satisfy the trustees but who does not possess the qualifications specified in the last preceding subsection, shall be entitled to be paid out of the Fund an ordinary superannuation benefit.

(3) Every person who after the commencement of this Act ceases to be a member as the result of defeat at an election or as the result of resignation for, or of not seeking re-election owing to, good and sufficient reasons which satisfy the trustees but who is not entitled to an ordinary superannuation benefit pursuant to the foregoing provisions of this section shall be entitled to be paid out of the Fund—

(a) in the case where such person has been a member in at least three Parliaments—a retiring allowance of $3 900 or of the aggregate amount of the deductions from his salary pursuant to this Act and pursuant to any corresponding previous enactment (whichever is the greater);

(b) in the case where such person has been a member in two Parliaments—a retiring allowance of $2 600 or of the aggregate amount of the deductions from his salary pursuant to this Act and pursuant to any corresponding previous enactment (whichever is the greater); and

s. 7S. 7(3)(c) amended by Nos 7227 s. 4(d)(iii), 7315 s. 5(1).

(c) in the case where such person has been a member in one Parliament only—a retiring allowance of $1 300 or of the aggregate amount of the deductions from his salary pursuant to this Act and pursuant to any corresponding previous enactment (whichever is the greater)—

5

S. 7(3)(a) amended by Nos 7227 s. 4(d)(i), 7315 s. 5(1).

S. 7(3)(b) amended by Nos 7227 s. 4(d)(ii), 7315 s. 5(1).

and in the event of the death of such person in any of such cases before such retiring allowance is paid to him it shall be paid to his legal personal representative.

(4) If a member dies after the commencement of this Act there shall, unless an ordinary superannuation benefit is required to be paid to his widow under the next succeeding subsection, be paid out of the Fund to his legal personal representative an amount of $2 600 or the aggregate amount of the deductions from his salary pursuant to this Act and pursuant to any corresponding previous enactment (whichever amount is the greater).

(5) Upon the death—

(a) of any person receiving an ordinary superannuation benefit as aforesaid or of a member who would have been on ceasing to be a member entitled to receive an ordinary superannuation benefit as aforesaid; or

(b) of a person who dies whilst he is a member and who has received a salary as a member for an aggregate period of eight years or more (whether after the commencement of this Act or partly before and partly after the commencement of this Act); or

(c) of a person—

(i) who dies whilst he is a member;

(ii) who has received a salary as a member for an aggregate period of six years or more (whether before or after or partly before and partly after the commencement of this Act); and

(iii) who has served as a member in at least three successive Parliaments (whether

6

S. 7(4) amended by Nos 7227 s. 4(e), 7315 s. 5(1).

s. 7

after or partly before and partly after the commencement of this Act); or

(d) of a person who is entitled to receive an ordinary superannuation benefit under this Act but whose right to receive that benefit is at the date of his death suspended pursuant to section eight of this Act—

the widow of such person shall until her death or re-marriage be entitled to receive out of the Fund an ordinary superannuation benefit.

In this section widow shall not include a woman who married a former member after he had finally ceased to be a member.

(6) Where any person to whom any retiring allowance or allowances has or have been paid pursuant to this Act or pursuant to The Constitution Act Amendment Act 1958 or any corresponding previous enactment is a member at the commencement of this Act or becomes a member after the commencement of this Act he may within six months of becoming a member or before the first day of March 1963 (whichever is the later) pay into the Fund the amount of such allowance or allowances.

(7) Where any person to whom any retiring allowance has been paid pursuant to this Act or pursuant to The Constitution Act Amendment Act 1958 or any corresponding previous enactment subsequently becomes entitled to payment of a greater retiring allowance under this Act the amount of the greater retiring allowance so payable shall be reduced by the amount of the retiring allowance already paid if the first-

7

s. 7

mentioned retiring allowance has not been paid into the Fund.

(8) Where any person to whom any retiring allowance or retiring allowances has or have been paid pursuant to this Act or pursuant to The Constitution Act Amendment Act 1958 or any corresponding previous enactment subsequently becomes entitled to payment of an ordinary superannuation benefit pursuant to subsection (1) or subsection (2) of this section, payment of such superannuation benefit shall unless such retiring allowance or allowances has or have been paid into the Fund be suspended until such time as the aggregate of the ordinary superannuation benefits which would have been payable apart from this subsection would, if so paid, equal the amount of the retiring allowance or allowances received by that person.

(9) Where payment of an ordinary superannuation benefit to any person—

(i) is suspended pursuant to the last preceeding subsection; or

(ii) in the case of a member, would be so suspended upon his ceasing to be a member—

then upon the death of that person his widow shall be entitled to an ordinary superannuation benefit under this Act but payment of the superannuation benefit to the widow shall likewise be suspended for the appropriate period or the balance of the appropriate period (as the case requires).

(10) Where any person to whom an ordinary superannuation benefit would be payable apart from the provisions of this Act is at the same time entitled to payment of any pension under the Commonwealth Act known as the Parliamentary

8

s. 7

Retiring Allowances Act 1948–1959 or any amendment thereof or Act in substitution therefor, his right to payment of an ordinary superannuation benefit under this Act shall be suspended while he is so entitled under the said Commonwealth Act:

Provided that, where he is actually in receipt of a pension under the said Commonwealth Act and the amount of that pension is less than the amount of the superannuation benefit that would otherwise have been payable under this Act, the trustees may in their absolute discretion direct payment to that person of a superannuation benefit of such amount as the trustees think fit but so that the aggregate of both amounts so received shall not exceed the amount of an ordinary superannuation benefit.

(11) Where any person to whom or to whose widow a superannuation benefit would be payable apart from the provisions of this Act has received under the said Commonwealth Act any payment in lieu of pension or return of contributions or other similar payment, the provisions of subsection (8) of this section shall apply in all respects as if the amount of such payment or return of contributions were a retiring allowance paid under this Act and payment of the superannuation benefit to that person or to his widow shall be suspended accordingly.

8 Suspension of superannuation benefit

If a person who is receiving or is entitled to receive a superannuation benefit under this Act—

(a) becomes a member of the Parliament of the Commonwealth or of any State, including the State of Victoria, the right of that person to receive that superannuation benefit shall while that person continues to be such a member be suspended;

9

No. 6006 s. 44.

s. 8

(b) accepts an office or place of profit under the Crown (whether in right of the Commonwealth or of any State, including the State of Victoria) which is not an office or place of profit in respect of which an official salary or allowance is paid to a member of Parliament for or in relation to the discharge of parliamentary duties or is not an office of Minister of the Crown, the right of that person to receive that superannuation benefit shall be suspended while that person continues in such office or place of profit.

9 Additional superannuation benefit for former Premiers and their widows

A person who is entitled to an ordinary superannuation benefit under this Act and who has been the Premier of Victoria or who is the widow of such a person and who is herself entitled to an ordinary superannuation benefit under this Act shall be entitled to an additional superannuation benefit payable fortnightly at the rate of $2 500 per annum or at the rate of $400 per annum for each full year that such person was in the aggregate the Premier of Victoria (whichever is the less).

9A Persons entitled to payments out of the Fund

(1) Notwithstanding anything in the foregoing provisions of this Act, where a person who has ceased to be a member was immediately before the appointed day in receipt of or entitled to receive a superannuation benefit under this Act, that person shall on and from the appointed day be

10

S. 9 amended by No. 7315 s. 5(1).

s. 9

S. 9A inserted by No. 9753 s. 3.

entitled to be paid out of the Fund in lieu of any superannuation benefits payable to him under this Act an annual pension at the rate of 50 per cent per annum of the basic salary from time to time.

(2) Notwithstanding anything in the foregoing provisions of this Act, where a widow of a member or former member was immediately before the appointed day in receipt of or entitled to receive a superannuation benefit under this Act, the widow shall on and from the appointed day until her death or remarriage be entitled to be paid out of the Fund in lieu of any superannuation benefits payable to her under this Act an annual pension at the rate of 40 per cent per annum of the basic salary from time to time.

(3) Notwithstanding anything in the foregoing provisions of this Act, if a former member dies on or after the appointed day and his widow is entitled upon his death to the payment of a superannuation benefit under the foregoing provisions of this Act, the widow shall upon his death until her death or remarriage be entitled to receive out of the Fund in lieu of any superannuation benefits payable to her under this Act an annual pension at the rate of 40 per cent per annum of the basic salary from time to time.

(4) Notwithstanding subsection (1), (2) or (3), the rate of pension to which a person is entitled under this section shall not be less than the rate of superannuation benefits which that person was receiving or was entitled to receive under this Act immediately before the appointed day.

(5) The provisions of subsections (8), (9), (10) and (11) of section 7 and section 8 shall apply to and in relation to pensions under this section as if in those provisions a reference to an ordinary

11

s. 9A

superannuation benefit or a superannuation benefit were a reference to a pension under this section.

(6) In this section—

appointed day means the day on which the Parliamentary Superannuation Act 1982 receives the Royal Assent;

basic salary has the same meaning as it has in Part 3 of the Parliamentary Salaries and Superannuation Act 1968.

10 Regulations

The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorized or required to be prescribed by this Act or necessary or expedient to be prescribed for the purposes of this Act.

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12

S. 9A(6) def. of basic salary amended by No. 78/2004 s. 6(4)(b).

No. 6006 s. 46.

s. 10

S. 11 repealed by No. 7332 s. 4(Sch. 2).

ENDNOTES

1. General InformationThe Parliamentary Contributory Superannuation Act 1962 was assented to on 18 December 1962 and came into operation on 6 January 1963: section 1(2).

Endnotes

Parliamentary Contributory Superannuation Act 1962No. 6968 of 1962

13

2. Table of AmendmentsThis Version incorporates amendments made to the Parliamentary Contributory Superannuation Act 1962 by Acts and subordinate instruments.

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Parliamentary Salaries Pensions and Superannuation Act 1964, No. 7227/1964Assent Date: 15.12.64Commencement Date: 6.12.24: s. 1(2)Current State: All of Act in operation

Decimal Currency Act 1965, No. 7315/1965Assent Date: 30.11.65Commencement Date: Appointed day was 14.2.66Current State: All of Act in operation

Statute Law Revision Act 1965, No. 7332/1965Assent Date: 14.12.65Commencement Date: 14.12.65 but see s. 3Current State: This information relates only to the provision/s

amending the Parliamentary Contributory Superannuation Act 1962

Parliamentary Salaries and Superannuation Act 1968, No. 7723/1968Assent Date: 26.11.68Commencement Date: 1.12.68: Government Gazette 27.11.68 p. 3854Current State: All of Act in operation

Parliamentary Superannuation Act 1982, No. 9753/1982Assent Date: 13.7.82Commencement Date: S. 4 deemed on 30.6.82: s. 4(2); rest of Act on

13.7.82: s. 1(2)Current State: All of Act in operation

Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992Assent Date: 23.6.92Commencement Date: 1.8.92: Government Gazette 22.7.92 p. 1874Current State: All of Act in operation

Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004Assent Date: 9.11.04Commencement Date: S. 6(4) on 10.11.04: s. 2(1)Current State: This information relates only to the provision/s

amending the Parliamentary Contributory Superannuation Act 1962

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Endnotes

Parliamentary Contributory Superannuation Act 1962No. 6968 of 1962

14

3. Explanatory DetailsNo entries at date of publication.

Endnotes

Parliamentary Contributory Superannuation Act 1962No. 6968 of 1962

15