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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Parliamentary
Contributory Superannuation Amendment Bill
2001
No. ,
2001
(Finance and
Administration)
A Bill for an Act to amend
the Parliamentary Contributory Superannuation Act 1948, and for related
purposes
ISBN: 0642 460167
Contents
Parliamentary Contributory Superannuation Act
1948 3
A Bill for an Act to amend the Parliamentary
Contributory Superannuation Act 1948, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Parliamentary Contributory Superannuation
Amendment Act 2001.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Parliamentary Contributory
Superannuation Act 1948
1 At the end of subsection
18B(1)
Add:
Note: For the purposes of this section, a person who is a
deferring member for the purposes of Part VA is treated as not becoming
entitled to a retiring allowance before the person attains the age of 55 years.
See section 22DC.
2 Subsection 20(3)
Omit “received”, substitute “been entitled
to”.
3 After Part V
Insert:
In this Part, unless the contrary intention appears:
deferral day means the day on which the deferring member
attains the age of 55 years.
deferral period means the period that starts when the
deferring member ceases to be entitled to parliamentary allowance and ends
immediately before the deferral day.
deferring member has the meaning given by
section 22DB.
invalidity determination means a determination under
section 22DD.
SIS regulations means regulations under the Superannuation
Industry (Supervision) Act 1993.
transitional general election means the first general
election after the commencement of this Part.
(1) A person is a deferring member in relation to the
person’s entitlement to a retiring allowance if:
(a) the person was elected as a member at the transitional general
election; or
(b) the person became a member (by election or otherwise) after the
transitional general election.
(2) However, a person is not a deferring member if the
person was entitled to parliamentary allowance continuously for a period
that:
(a) started before the polling day for the transitional general election;
and
(b) ended at the time of the cessation that gave rise to the
person’s entitlement to the retiring allowance.
Note: Under section 18, a person’s entitlement to
a retiring allowance arises because the person ceases to be entitled to
parliamentary allowance.
(3) The following provisions apply in determining for the purposes of
subsection (2) whether a person was entitled to parliamentary allowance at
a particular time.
(4) If the person:
(a) ceased to be a member of the House of Representatives upon the
dissolution or expiration of that House; and
(b) was elected as a member of the Senate within 3 months after so ceasing
to be a member of the House of Representatives;
then the person is taken to have been entitled to parliamentary allowance
from the time the person so ceased to be a member of the House of
Representatives until the time the person first became entitled to parliamentary
allowance after being so elected as a member of the Senate.
(5) If the person:
(a) resigned as a member of the Senate; and
(b) was elected as a member of the House of Representatives within 3
months after the resignation;
then the person is taken to have been entitled to parliamentary allowance
from the time the person resigned as a member of the Senate until the time the
person was elected as a member of the House of Representatives.
(6) For the purposes of this section, a member who is elected as a result
of a polling is taken to be elected on the polling day.
(1) Subject to section 22DE, the retiring allowance of a deferring
member is payable from the deferral day.
(2) For the purposes of section 18B, the deferring member is taken
not to have become entitled to the retiring allowance before the deferral
day.
(3) This section does not apply to a retiring allowance under subsection
18(2AA).
(4) This section does not affect any benefit payable under
section 19, 19AA or 19AB.
(1) If:
(a) a written application for an invalidity determination is made in
accordance with section 22DF by, or on behalf of, a deferring member;
and
(b) the Trust is satisfied that the deferring member would be unable,
because of physical or mental impairment, to perform the duties of a member if
he or she were still a member;
then the Trust may make a written determination to that effect.
(2) An invalidity determination takes effect on the day it is made, or on
an earlier day specified in the determination (not being earlier than the day on
which the application was made).
(3) If the Trust makes a decision refusing to make an invalidity
determination, the Trust must give the applicant a written notice of the
refusal.
Retiring allowance is payable for any part of the deferral period that is
covered by an invalidity determination (not including any part of the period
during which the determination is suspended under subsection 22DH(3)).
(1) An application for an invalidity determination must be accompanied by
the following:
(a) such additional information (if any) as the Trust requires;
(b) a certificate given by a medical practitioner nominated by the
Trust;
(c) a certificate given by a medical practitioner nominated by, or on
behalf of, the deferring member;
(d) such additional documents (if any) as the Trust requires.
(2) Each certificate must include a statement to the effect that, in the
opinion of the medical practitioner concerned, the deferring member would be
unable, because of physical or mental impairment, to perform the duties of a
member if he or she were still a member.
(1) The Trust may at any time review an invalidity determination. The
Trust must review it at least once every 2 years.
(2) If, after reviewing an invalidity determination, the Trust is
satisfied that the deferring member would no longer be unable, because of
physical or mental impairment, to perform the duties of a member if he or she
were still a member, then the Trust may revoke the determination.
(3) The revocation takes effect on the day it is made or on a later day
specified in the revocation.
(4) The Trust must give the deferring member a written notice of the
revocation.
(1) For the purposes of a review under section 22DG, the Trust may,
by written notice given to the deferring member, request the deferring
member:
(a) to submit himself or herself for medical examination by a specified
medical practitioner at a time and place specified in the notice; or
(b) to give to the Trust, within the period specified in the notice,
specified information that is relevant to the review; or
(c) to produce to the Trust, within the period specified in the notice,
specified documents that are relevant to the review.
(2) The Trust may give more than one such notice in relation to the
review.
(3) If the deferring member fails to comply with a notice under
subsection (1), the Trust may, by written notice given to the deferring
member, suspend the invalidity determination with effect from a specified day.
The day must not be earlier than the day on which the notice was
given.
(4) If the deferring member:
(a) submits himself or herself for medical examination in accordance with
a notice under subsection (1); and
(b) incurs, in respect of attendance at that examination, expenses in
respect of:
(i) transport; or
(ii) accommodation; or
(iii) the purchase of food or drink; or
(iv) incidental matters;
then the Trust may determine that the deferring member is entitled to be
paid by the Commonwealth an amount equal to so much of those expenses as the
Trust considers reasonable. The Consolidated Revenue Fund is appropriated for
the purposes of this subsection.
(1) If the Trust is satisfied that a deferring member qualifies on a
ground prescribed by the regulations, the Trust may make a written determination
that:
(a) authorises payment to the deferring member of an amount specified in
the determination; and
(b) specifies the manner in which the deferring member’s retiring
allowance is to be reduced on account of the payment.
(2) The determination cannot be revoked or varied after the payment
referred to in paragraph (1)(a) is made.
(3) In specifying the manner in which the deferring member’s
retiring allowance is to be reduced, the Trust must have regard to advice from
an actuary. The reduction may be more than the amount of the payment.
(4) The deferring member’s retiring allowance is reduced in
accordance with the determination.
(5) The regulations may prescribe:
(a) the grounds for payments under this section; and
(b) the matters that the Trust must take into account when determining the
amount of a payment under this section.
(6) Before the Governor-General makes a regulation prescribing grounds for
the purposes of paragraph (5)(a), the Minister must be satisfied that those
grounds are the same as, or substantially similar to, the conditions of release
that are referred to in the SIS regulations as “severe financial
hardship” and “compassionate ground”.
(7) Before the Governor-General makes a regulation prescribing matters for
the purposes of paragraph (5)(b), the Minister must be satisfied that those
matters are the same as, or substantially similar to, matters that are
prescribed by the SIS regulations in relation to the conditions of release
referred to in subsection (6).