{"id":"legislative-assembly-members-pensions-act-1979","name":"Legislative Assembly Members' Pensions Act 1979","slug":"legislative-assembly-members-pensions-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30190,"registerId":"nt-legislative-assembly-members-pensions-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Assembly Members' Pensions Act 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGISLATIVE ASSEMBLY MEMBERS' PENSIONS ACT 1979\nAs in force at 12 April 2019\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3A Scheme to comply with superannuation surcharge laws and\nagreements with Commonwealth .................................................... 3\n3B Application of Criminal Code ........................................................... 3\nPart II Administration\nDivision 1 Discontinuance of Legislative Assembly\nMembers' Superannuation Fund\n4 Transfer of Fund assets and liabilities ............................................. 3\n4A Transfer of functions ........................................................................ 4\n5 Record of accounts.......................................................................... 4\n6 Return on accumulation accounts ................................................... 5\n7 Surcharge debt accounts ................................................................. 5\n8 Advance payments to reduce superannuation contributions\nsurcharge......................................................................................... 5\n9 Repayment of superannuation contribution surcharge .................... 6\n9A Commutation to pay deferred superannuation contributions\nsurcharge......................................................................................... 6\n10 Actuarial review ............................................................................... 7\n11 Payments and appropriation ............................................................ 7\nDivision 2 Commissioner\n12 Delegation ....................................................................................... 7\nPart III Contributions\n15A Application ....................................................................................... 7\n16 Contributions by members ............................................................... 7\n17 Election by Ministers, &c.................................................................. 8\n17A Certain members not entitled to contribute ...................................... 8\nPart IV Pensions and benefits\n18 Definitions ........................................................................................ 9\n\nLegislative Assembly Members' Pensions Act 1979 ii\n19 Pensions .......................................................................................... 9\n20 Additional salary ............................................................................ 10\n21 Benefits to certain former members and to estate where no\ndependants .................................................................................... 11\n22 Retirement through ill health .......................................................... 11\n24 Spouses' and dependent children's benefit ................................... 12\n25 Commutation of pension – former member ................................... 14\n25A Commutation of pension – spouse ................................................ 15\n25AB Commutation to pay tax debts ....................................................... 16\nPart IVA Requirements of Family Law Act\n25B Definitions ...................................................................................... 17\n25C Act to be administered so as to comply with Family Law Act\nprovisions in relation to superannuation ........................................ 17\n25D Commutation of non-member spouse pension payable in\naccordance with Family Law Act ................................................... 18\nPart V Miscellaneous\n26 Service before commencement of Act ........................................... 19\n27 Election or re-election of person entitled to pension ...................... 19\n27A Re-election of person entitled to payment under section 21 .......... 19\n27B Claims for benefits ......................................................................... 20\n28 Fees for additional services ........................................................... 20\n28A Offence to disclose confidential information .................................. 20\n29 Regulations.................................................................................... 21\nPart VI Transitional matters for Superannuation\nLegislation Amendment Act 2010\n30 Object of this Part .......................................................................... 21\n31 Definitions ...................................................................................... 22\n32 Transfer of Fund and liabilities etc. ................................................ 22\n33 Effect on rights and remedies ........................................................ 23\n34 Completion of change of trusteeship ............................................. 23\n35 Exemption from taxes and charges ............................................... 23\n36 Continuation of ongoing matters .................................................... 24\nPart VII Transitional matters for Superannuation\nLegislation Amendment and Repeal Act\n2014\n37 Time limit for claiming retirement through ill health benefit ............ 24\n\nLegislative Assembly Members' Pensions Act 1979 iii\nPart VIII Transitional matters for Superannuation\nLegislation Amendment Act 2019\n38 Exemption from taxes and charges ............................................... 25\n39 Continuation of ongoing matters .................................................... 25\n40 Acquisition on just terms ................................................................ 26\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 12 April 2019\n____________________\nLEGISLATIVE ASSEMBLY MEMBERS' PENSIONS ACT 1979\nAn Act establish a Contributory Superannuation Scheme for certain\nMembers of the Legislative Assembly elected before the scheme closure\ndate, and for related purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Legislative Assembly Members'\nPensions Act 1979.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act:\naccumulation account means the account of a member or former\nmember recorded in the accounts of the Scheme.\nadditional salary means that part of a members salary or\nallowance paid to a member, in addition to his or her basic salary\nas a member, in respect of service in the Assembly as the Speaker,\na Minister or Leader of the Opposition, or other service in a\nparticular office or in performance of a particular function in respect\nof which remuneration or an allowance is payable under the\nAssembly Members and Statutory Officers (Remuneration and\nOther Entitlements) Act 2006.\nAssembly means the Legislative Assembly.\nasset means property of any kind, whether tangible or intangible,\nreal or personal, including any right, interest or claim of any kind,\nwhether liquidated or unliquidated, actual, contingent or\nprospective.\n\nPart I Preliminary\nLegislative Assembly Members' Pensions Act 1979 2\nbasic salary has the same meaning as in the Assembly Members\nand Statutory Officers (Remuneration and Other Entitlements)\nAct 2006.\nCommissioner, see section 3(1) of the Superannuation Act 1986.\nfull term of the Assembly, in relation to a member elected at a\nby-election, includes the period between his or her election as a\nmember (whenever occurring) and the date of the next succeeding\ngeneral election of members of the Assembly.\nFund means the Legislative Assembly Members' Superannuation\nFund established on 23 September 1979 under this Act.\nliability means any liability, duty or obligation, whether liquidated or\nunliquidated, actual, contingent or prospective.\nmember means a member of the Assembly who:\n(a) was elected before the scheme closure date; and\n(b) has been a member of the Assembly continuously since that\ndate.\nright means any right, power, privilege or immunity, whether actual,\ncontingent or prospective.\nScheme means the superannuation scheme established by this\nAct.\nscheme closure date means the date on which the Legislative\nAssembly Members' Superannuation Amendment (Scheme\nClosure) Act 2004 commences.\nsuperannuation contributions surcharge means the\nsuperannuation contributions surcharge imposed under the\nSurcharge Act.\nSurcharge Act means the Superannuation Contributions Tax\nImposition Act 1997 of the Commonwealth and includes regulations\nunder that Act.\nSurcharge Collection Act means the Superannuation\nContributions Tax (Assessment and Collection) Act 1997 of the\nCommonwealth and includes regulations under that Act.\ntransfer date means the commencement of section 7 of the\nSuperannuation Legislation Amendment Act 2019.\n\nPart II Administration\nDivision 1 Discontinuance of Legislative Assembly Members' Superannuation Fund\nLegislative Assembly Members' Pensions Act 1979 3\nTrustee Board means the Superannuation Trustee Board as\nconstituted on the transfer date under section 8A of the\nSuperannuation Act 1986.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n3A Scheme to comply with superannuation surcharge laws and\nagreements with Commonwealth\n(1) The Scheme is to be administered in accordance with:\n(a) the Surcharge Act and the Surcharge Collection Act; and\n(b) a written agreement entered into by the Territory and the\nCommonwealth relating to exempt public sector\nsuperannuation schemes within the meaning of section 10 of\nthe Superannuation Industry (Supervision) Act 1993 of the\nCommonwealth.\n(2) If a provision of this Act or the Regulations is inconsistent with a\nprovision of the Surcharge Act or the Surcharge Collection Act, the\nprovision of this Act or the Regulations is to be taken to have been\ncomplied with if the provision of the Surcharge Act or the Surcharge\nCollection Act, as the case may be, has been complied with.\n3B Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3B\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart II Administration\nDivision 1 Discontinuance of Legislative Assembly Members'\nSuperannuation Fund\n4 Transfer of Fund assets and liabilities\n(1) The assets and liabilities of the Fund are transferred to the Central\nHolding Authority on the transfer date.\n\nPart II Administration\nDivision 1 Discontinuance of Legislative Assembly Members' Superannuation Fund\nLegislative Assembly Members' Pensions Act 1979 4\n(2) The assets and liabilities of the Fund must be recorded in the\naccounts of the Central Holding Authority.\n(3) The Fund is discontinued when all its assets and liabilities are\ntransferred under subsection (1).\n4A Transfer of functions\n(1) On the transfer date, the Trustee Board and Commissioner must:\n(a) take all practicable steps to transfer the Trustee Board's\nfunctions and the records and administration of the Scheme to\nthe Commissioner; and\n(b) give to each registrar all documents and information\nnecessary to record and register the transfers mentioned in\nparagraph (a).\n(2) On the transfer date:\n(a) the Commissioner is substituted for the Trustee Board in any\nproceedings relating to the Fund to which the Trustee Board is\na party; and\n(b) the Commissioner is substituted for the Trustee Board in any\nagreement or document relating to the Fund; and\n(c) any proceedings relating to the Fund that could have been\ncommenced by or against the Trustee Board may only be\ncommenced by or against the Commissioner; and\n(d) any remedy that would have been available to or against the\nTrustee Board relating to the Fund is available only to or\nagainst the Commissioner.\n(3) In this section:\nregistrar means a person authorised or required by a law of any\njurisdiction to record or register documents relating to transactions\naffecting a transferred asset or liability.\n5 Record of accounts\nThe Commissioner must record the following in relation to each\nmember and each former member who retains an interest in the\nScheme:\n(a) all contributions made under Part III;\n\nPart II Administration\nDivision 1 Discontinuance of Legislative Assembly Members' Superannuation Fund\nLegislative Assembly Members' Pensions Act 1979 5\n(b) the return on the accumulation account as at the end of the\nfinancial year before the assets of the Fund are transferred to\nthe Central Holding Authority;\n(c) the rate of return on the accumulation account determined\nunder section 6(1);\n(d) all benefits and other amounts paid from the accumulation\naccount;\n(e) any other amounts debited or credited to the accumulation\naccount.\n6 Return on accumulation accounts\n(1) The Commissioner must, on the transfer date, determine the rate of\nreturn (which may be positive, neutral or negative) on accumulation\naccounts.\n(2) The return is to be credited or debited to accumulation accounts as\nat the transfer date.\n7 Surcharge debt accounts\n(1) The Commissioner must establish and maintain for the purposes of\nsection 16 of the Surcharge Collection Act a surcharge debt\naccount for each member in relation to whom a superannuation\ncontributions surcharge is paid or payable by the Commissioner.\n(2) The Commissioner must debit to the surcharge debt account of a\nmember:\n(a) any superannuation contributions surcharge paid or payable\nby the Commissioner in respect of the member; and\n(b) any interest payable under the Surcharge Collection Act on\nthe amount by which the account is in debit.\n(3) The Commissioner must credit to the surcharge debt account of a\nmember any amount paid under section 8 by the member.\n8 Advance payments to reduce superannuation contributions\nsurcharge\n(1) A member may, by lodging with the Commissioner an election form,\ndo any of the following:\n(a) pay an amount to the credit of the Central Holding Authority to\nreduce the amount by which the member's surcharge debt\naccount is in debit;\n\nPart II Administration\nDivision 1 Discontinuance of Legislative Assembly Members' Superannuation Fund\nLegislative Assembly Members' Pensions Act 1979 6\n(b) pay the amount by a single payment or by periodic payments;\n(c) vary, in accordance with the form, the amount or manner of\npayment;\n(d) revoke a previous election under this section.\n(2) The election form must:\n(a) be in a form approved by the Commissioner; and\n(b) specify the amount to be paid and the manner of payment.\n9 Repayment of superannuation contribution surcharge\nDespite any other provision of this Act, the Commissioner may:\n(a) commute part of a member's pension under this Act to a lump\nsum in order to pay the balance of the member's surcharge\ndebt account; or\n(b) deduct an amount equal to the balance of a member's\nsurcharge debt account from any payment to be made under\nthis Act in relation to the member.\n9A Commutation to pay deferred superannuation contributions\nsurcharge\n(1) A former member or other person may request commutation, under\nsubsection (2), of a pension or allowance if:\n(a) the pension or allowance is payable under this Act to the\nformer member or person; and\n(b) the former member or other person has received, from the\nCommissioner of Taxation, a notice under section 15 of the\nSurcharge Collection Act and is liable to pay a superannuation\ncontributions surcharge in an amount specified in the notice;\nand\n(c) the superannuation contributions surcharge relates to\nsurchargeable contributions, within the meaning of the\nSurcharge Collection Act, in relation to the former member, a\ndeceased member or a deceased former member.\n(2) The former member or other person may, in writing, request the\nCommissioner to commute as much of the pension or allowance\npayable to the former member or other person as is necessary to\nprovide a lump sum equivalent to the amount of the superannuation\ncontributions surcharge.\n\nPart III Contributions\nLegislative Assembly Members' Pensions Act 1979 7\n(3) The Commissioner must comply with the request if satisfied that the\ncommuted amount will be used to pay the superannuation\ncontributions surcharge.\n10 Actuarial review\n(1) The Commissioner must have an actuarial review of the Scheme\ncarried out as at 30 June 2019 and 3 year intervals after that date,\nor at other dates as directed by the Minister.\n(2) The Commissioner may engage an actuary to carry out an actuarial\nreview.\n(3) The cost of engaging an actuary and the costs of an actuarial\nreview are to be paid by the Territory.\n11 Payments and appropriation\n(1) The benefits payable under this Act must be paid from the Central\nHolding Authority.\n(2) The appropriation of public moneys for the purpose of paying\nbenefits under this Act is established or increased to the extent\nnecessary.\nDivision 2 Commissioner\n12 Delegation\nThe Commissioner may delegate any of the Commissioner's\npowers and functions under this Act to a person.\nPart III Contributions\n15A Application\nThis Part applies to a member who was elected before the scheme\nclosure date and is a member on that date.\n16 Contributions by members\n(1) Subject to subsection (1A), every member must contribute to the\nCentral Holding Authority.\n(1A) A member is not required to contribute to the Central Holding\nAuthority in respect of any basic salary received by the member\nafter the completion of 20 years service as a member but may,\nwithin 14 days (or such longer period as the Commissioner allows)\nafter the completion of that 20 years service, by notice in writing to\n\nPart III Contributions\nLegislative Assembly Members' Pensions Act 1979 8\nthe Minister and the Commissioner, elect to pay contributions or to\ncontinue to pay contributions in respect of the member's additional\nsalary earned after the completion of that 20 years service and\nmust contribute to the Central Holding Authority accordingly.\n(2) Subject to section 17, the rate of contribution of a member to the\nCentral Holding Authority is:\n(a) in the case of a member who is not in receipt of additional\nsalary – 11.5% of the member's basic salary; or\n(b) in the case of a member who is in receipt of additional salary –\n11.5% of the aggregate of the member's basic salary and\nadditional salary; or\n(c) in the case of a member who is in receipt of additional salary\nin respect of which the member has made an election under\nsubsection (1A) – 11.5% of that additional salary.\n(3) The contributions payable under this section must be deducted\nfrom every amount of basic salary and additional salary payable to\nthe member, and the amount so deducted must be paid to the\nCentral Holding Authority.\n17 Election by Ministers, &c.\nA member who is receiving additional salary may, by notice in\nwriting to the Minister and the Commissioner, elect to pay\ncontributions on the member's basic salary only and, while that\nelection remains in force, only those contributions are to be\ndeducted from the member's salary and paid to the Central Holding\nAuthority.\n17A Certain members not entitled to contribute\nA member for whom the Territory must make a contribution under\nthe Legislative Assembly Members' Superannuation Contributions\nAct 2004 is not entitled to contribute to the Central Holding\nAuthority.\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 9\nPart IV Pensions and benefits\n18 Definitions\nIn this Part:\ndependent child, in relation to a member or former member,\nmeans a child, adopted child, foster child or stepchild of that\nmember or former member who is unmarried and:\n(a) has not attained the age of 16 years; or\n(b) has attained the age of 16 years but has not attained the age\nof 25 years, is receiving full-time education at a school,\ncollege or university and is primarily dependent on the\nmember or former member for financial support.\nspouse, of a member or former member, means:\n(a) a spouse of the member or former member who, at the\nrelevant time, was living with the member or former member\non a bona fide domestic basis; or\n(b) a spouse of the member or former member who, at the\nrelevant time, was not living with the member or former\nmember on a bona fide domestic basis but, in the opinion of\nthe Commissioner, was wholly or substantially dependent\nupon the member or former member at that time; or\n(c) a de facto partner of the member or former member; or\n(d) a former de facto partner of the member or former member\nwho, in the opinion of the Commissioner, was wholly or\nsubstantially dependent upon the member or former member\nat the relevant time,\nbut does not include a person who married, or entered a de facto\nrelationship with, a former member:\n(e) after the former member's retirement; and\n(f) after the former member attained the age of 60 years; and\n(g) less than 5 years before the former member's death.\n19 Pensions\n(1) Subject to this Act, where a member who has been elected on not\nless than 3 occasions and has served as a member for an\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 10\naggregate period of not less than 8 years ceases to be a member,\nthe member is entitled to be paid out of the Central Holding\nAuthority an annual pension at a rate equal to:\nA + B\nwhere:\nA is an amount equal to 6.25% of final basic salary for each of\nthe first 8 years of service plus 3% of final basic salary for\neach year of service in excess of 8 years (with a part year\nbeing taken into account as a fraction of a whole year\ncalculated on the basis of days), subject to a maximum of 80%\nof final basic salary.\nB is the amount obtained by aggregating, for each office or\nfunction for which additional salary was payable to the\nmember, an amount equal to 6.25% of the final additional\nsalary payable in respect of the office or function for each year\nthe member held the office or performed the function (with a\npart year being taken into account as a fraction of a whole\nyear calculated on the basis of days), subject to a maximum of\n80% of the final additional salary payable for the office or\nfunction attracting the highest additional salary held or\nperformed by the member.\n(2) The annual rate of pension payable under subsection (1) shall be\nincreased in proportion to increases in the basic salary payable to\nmembers from time to time.\n(3) In this section:\nfinal additional salary, in respect of an office or function attracting\nadditional salary, means the additional salary payable at the time a\nperson ceases to be a member or, where an office or function has\nceased to exist, an amount of additional salary determined by the\nSpeaker after considering actuarial advice.\nfinal basic salary means the basic salary payable at the time a\nperson ceases to be a member.\nservice includes a period of service recognised under section 26\nor 27.\n20 Additional salary\nIn calculating the amount payable to a person under section 19(1),\nadditional salary shall not be taken into account where that person\nhas, in respect of that additional salary, made an election under\nsection 17 and contributions otherwise payable have been reduced\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 11\nas a consequence of that election.\n21 Benefits to certain former members and to estate where no\ndependants\n(1) A person who ceases to be a member otherwise than by reason of\nhis or her death and who is not entitled to a pension under this Act\nshall be entitled to a lump sum payment equal to 2.5 times the\namount standing to the credit of his or her accumulation account at\nthe time the lump sum is paid.\n(2) Where a member dies leaving no spouse or dependent child\nsurviving him or her, there is payable to his or her estate a lump\nsum amount equal to 2.5 times the amount standing to the credit of\nhis or her accumulation account at the time the lump sum is paid.\n22 Retirement through ill health\n(1) A person who becomes a member after the commencement of this\nAct may furnish to the Commissioner a certificate of a registered\nmedical practitioner, who has been approved by the Commissioner,\ncertifying that the member is not likely by reason of ill health to be\nrendered incapable, before the expiration of a period of 8 years\nfrom the date of the certificate, of performing the duties of a\nmember.\n(2) Where a member who has furnished a certificate pursuant to\nsubsection (1), or a person who was a member at the\ncommencement of this Act, satisfies the Commissioner that the\nmember or person has ceased to be a member because the\nmember or person has been rendered incapable of being a member\nby reason of ill health, the member or person is, subject to\nsubsection (3), entitled to a pension calculated under section 19\nbefore the expiration of a period of 8 years and before having been\nelected on 3 occasions.\n(2A) Where a member has served less than 8 years and subsection (2)\napplies, the member’s pension calculated under section 19(1) shall\nbe multiplied by 8 and divided by the member’s period of service in\nyears (with a part year being taken into account as a fraction of a\nwhole year calculated on the basis of days).\n(3) A person who applies to the Commissioner under this section must\nprovide the Commissioner with such medical reports and other\nevidence as the Commissioner may require.\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 12\n24 Spouses' and dependent children's benefit\n(1) On the death of a former member who was receiving a pension\nunder this Part, the spouse of that former member shall be entitled\nto an annual pension at the rate of:\n(a) in the case where the former member had not converted any\npart of his or her pension entitlement to a lump sum payment:\n(i) five-sixths of the pension that would have been payable,\nfrom time to time, to the former member but for his or her\ndeath; or\n(ii) 40% per annum of the basic salary from time to time,\nwhichever is the greater amount; and\n(b) in the case where the former member had converted part of\nhis or her pension entitlement to a lump sum payment – five-\nsixths of the pension that would have been payable, from time\nto time, to the former member but for his or her death,\nbut the spouse shall be entitled to no pension if the former member\nhad converted his or her entire pension entitlement to a lump sum\npayment.\n(2) On the death of a member who has been elected on 3 occasions\nand has served for an aggregate period of 8 years, the spouse of\nthat member shall, be entitled to an annual pension at the rate of:\n(a) five-sixths of the pension that would have been payable, from\ntime to time, to the member but for his or her death if he or\nshe had ceased to be a member on the date of his or her\ndeath and was entitled to a pension under section 19; or\n(b) 40 per cent per annum of the basic salary from time to time,\nwhichever is the greater amount.\n(3) On the death of a member before he or she has been elected on\n3 occasions and has served for an aggregate period of 8 years, a\npension shall be paid to his or her spouse, at the same rate as that\napplying under subsection (2) and, for that purpose, the member’s\npension calculated under section 19(1) shall be multiplied by 8 and\ndivided by the member’s period of service in years (with a part year\nbeing taken into account as a fraction of a whole year calculated on\nthe basis of days).\n(4) Subject to subsection (5), where a member dies leaving a\ndependent child but no spouse, or where a former member who\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 13\nwas receiving a pension under this Act dies leaving a dependent\nchild but no spouse, or where the spouse of a deceased person\nwho was before the person's death receiving a pension under this\nAct dies leaving a dependent child, there is payable to such person\nor persons as the Commissioner thinks fit, an allowance in respect\nof such child or children of an amount equal to the following\npercentage of the pension that was payable to the deceased\nspouse of the deceased member or former member, or that would\nhave been payable had the person survived the deceased member\nor former member:\none child – 45%\n2 children – 80%\n3 children – 90%\n4 or more children – 100%\n(5) An amount otherwise payable under subsection (4) in respect of a\ndependent child shall, where the child is a dependent child of a\nformer member or the spouse of a deceased member who has\nconverted a part of his or her or her pension entitlement to a lump\nsum payment, be reduced by the same proportion as the proportion\nof the pension entitlement that was converted to a lump sum\npayment bears to the whole amount of the original pension\nentitlement of the former member or spouse, as the case may be\nand, if the whole of the pension entitlement has been converted into\na lump sum payment, there should be no entitlement to an\nallowance under subsection (4).\n(6) A dependent child of a member who died in office without leaving a\nsurviving spouse, or a person acting on behalf of such a child, may,\nwithin 6 months after the date of death of the member, apply to the\nCommissioner to have a lump sum equal to 2.5 times the amount of\nthe deceased member's accumulation account distributed for the\ndependent child's benefit as a lump sum payment in lieu of an\nallowance under subsection (4) and the Commissioner may, in the\nCommissioner's absolute discretion, after receiving and considering\nsuch actuarial advice, if any, as the Commissioner thinks fit and\ntaking into account whether the payment of an allowance rather\nthan the lump sum benefit would be to the advantage of that or any\nother dependent child, distribute the lump sum benefit amongst the\ndeceased member's dependent and non-dependent children in\nsuch proportion as, in the opinion of the Commissioner, is equitable\nin the circumstances.\n(7) Where an amount in respect of an infant or other person under a\nlegal disability is paid under this section by the Commissioner to a\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 14\nperson having the care or control of the infant or other person or the\ninfant's or other person's property, the Commissioner is not bound\nto see to the application of that amount.\n(8) Where at the time of death, a member or former member had more\nthan one spouse, the aggregate amount payable under this section\nmust not exceed the amount that would have been payable if at the\ntime of death there was had only one spouse, and the\nCommissioner, in the Commissioner's absolute discretion, may\napportion any such amount between the spouses as, in the opinion\nof the Commissioner, is equitable in the circumstances.\n25 Commutation of pension – former member\n(1) A former member who is entitled to a pension under section 19\nor 22 may, within the period of 6 months after ceasing to be a\nmember, by notice in writing to the Commissioner, elect to convert\nall or part of the former member's pension entitlement to a lump\nsum payment determined in accordance with subsection (2).\n(2) A lump sum payment under subsection (1) shall be equal to the\nhigher amount resulting from the application of the following\n2 formulas:\n(a) R x P x (10 – 2\ny )\n(b) R x 2.5 x D\nwhere:\nR is the proportion of pension to be commuted.\nP is the annual amount of pension entitlement.\nY is:\n(i) where the person has not attained the age of\n66 years – 0; or\n(ii) in any other case – the number of completed years\nbetween the age of the person at the time of electing for\ncommutation and 65.\nD is the value of the person's accumulation account at the time\nof his or her ceasing to be a member.\n(3) A former member who makes an election under subsection (1) shall\nbe entitled to receive a lump sum payment calculated under\nsubsection (2) and from the date of payment of that lump sum the\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 15\nannual pension payable to that former member shall be reduced by\nthe amount of annual pension in respect of which the election was\nmade.\n25A Commutation of pension – spouse\n(1) The spouse of a member, who is entitled to a pension under\nsection 24(2) or (3), may, within 6 months after first becoming\nentitled to that pension, by notice in writing to the Commissioner,\nelect to convert all or part of the pension entitlement to a lump sum\npayment determined in accordance with subsection (2).\n(2) A lump sum payment under subsection (1) shall be equal to the\nhigher amount resulting from the application of the following\n2 formulas:\n(a) R x S x (10 – 2\ny )\n(b) R x 2.5 x D\nwhere:\nR is the proportion of pension to be commuted.\nS is the annual amount of spouse's pension entitlement.\nD is the value of the member's accumulation account at the time\nof his or her death.\nY is:\n(i) where the spouse has not attained the age of\n66 years – 0; or\n(ii) in any other case – the number of completed years\nbetween the age of the spouse at the time of electing for\ncommutation and 65.\n(3) Nothing in this section shall be construed as depriving a spouse\nreferred to in subsection (1) of the right to receive pension\npayments in respect of the period between first becoming entitled to\na pension and the date of payment of the lump sum arising from the\ncommutation elected for under that subsection.\n(4) The spouse of a former member, who is entitled to a pension under\nsection 24(1), may, within 6 months after first becoming entitled to\nthat pension, by notice in writing to the Commissioner, elect to\nconvert all or part of the pension entitlement to a lump sum\npayment equal to the amount resulting from the application of the\n\nPart IV Pensions and benefits\nLegislative Assembly Members' Pensions Act 1979 16\nformula:\nR x S (10 – 2\ny )\nwhere:\nR, S, and Y have the same meaning as in subsection (2).\n25AB Commutation to pay tax debts\n(1) This section applies if:\n(a) a former member or other person (a taxpayer) becomes\nentitled to a pension or allowance under this Act; and\n(b) the Commonwealth Commissioner of Taxation (the ATO)\nissues a release authority (as defined in section 45DA of the\nSuperannuation Act 1986) for the taxpayer; and\n(c) the release authority is given to the Commissioner:\n(i) before payment of the taxpayer's pension or allowance\ncommences; and\n(ii) in accordance with the relevant Commonwealth Act.\n(2) On receipt of the request, the Commissioner may:\n(a) commute so much of the pension or allowance as is\nnecessary to provide a lump sum equal to the release amount\ndetermined under subsection (3); and\n(b) pay the lump sum:\n(i) to the ATO; or\n(ii) if the relevant Commonwealth Act permits and the\ntaxpayer so requests – to the taxpayer.\n(3) The release amount is whichever of the following is the least:\n(a) the amount authorised by the release authority to be paid;\n(b) the amount the taxpayer or the ATO requests to be paid;\n(c) the amount of the lump sum that would be achieved if the\nwhole of the taxpayer's pension or allowance were commuted.\n\nPart IVA Requirements of Family Law Act\nLegislative Assembly Members' Pensions Act 1979 17\n(4) If the Commissioner commutes all or part of a taxpayer's pension or\nallowance:\n(a) the amount of the pension or allowance to which the taxpayer\nis entitled is reduced accordingly; and\n(b) if the taxpayer is a former member – the balance of the former\nmember's accumulation account at the time he or she ceased\nto be a member is taken to have been reduced by the amount\nof the commuted lump sum.\nPart IVA Requirements of Family Law Act\n25B Definitions\nIn this Part:\nFamily Law Act means the Family Law Act 1975 of the\nCommonwealth and includes regulations made under that Act.\nmember spouse, in relation to a superannuation interest, means\nthe person who is the member spouse in relation to that interest\nunder Part VIIIB of the Family Law Act.\nnon-member spouse, in relation to a superannuation interest,\nmeans the person who is the non-member spouse in relation to that\ninterest under Part VIIIB of the Family Law Act.\nsplitting instrument means a superannuation agreement, a flag\nlifting agreement that provides for a payment split, or a splitting\norder, each within the meaning of Part VIIIB of the Family Law Act.\nsuperannuation interest means an interest that a person has\nunder this Act.\n25C Act to be administered so as to comply with Family Law Act\nprovisions in relation to superannuation\n(1) This section applies despite any other provision of this Act.\n(2) This Act is to be administered in accordance with the provisions of\nthe Family Law Act relating to superannuation.\n(3) Subject to the provisions of the Family Law Act relating to\nsuperannuation, this Act is to be administered in relation to a\nperson in accordance with the provisions of a splitting instrument, if\nany, that applies in relation to the person.\n\nPart IVA Requirements of Family Law Act\nLegislative Assembly Members' Pensions Act 1979 18\n(4) The Commissioner may prepare written administrative instructions\nthat are necessary or convenient to give effect to:\n(a) the provisions of the Family Law Act relating to\nsuperannuation; and\n(b) splitting instruments; and\n(c) Acts of the Commonwealth relating to superannuation and\nregulations under those Acts.\n(5) Without limiting the generality of subsection (4), administrative\ninstructions for the purposes of that subsection may include, but are\nnot limited to, the following:\n(a) the methods of calculating and paying a superannuation\ninterest to member spouses and non-member spouses,\nincluding calculations that may reduce the superannuation\ninterest of a member spouse;\n(b) the establishing of interests and accounts, including accounts\nunder the Superannuation Act 1986, for non-member\nspouses.\n(6) An administrative instruction prepared under subsection (4) takes\neffect on the date specified in the instruction.\n(7) If a provision of this Act or the administrative instructions made\nunder this section is inconsistent with:\n(a) a provision of the Family Law Act relating to superannuation;\nor\n(b) a splitting instrument,\nthe provision of this Act or the administrative instructions is taken to\nhave been complied with if the provision of the Family Law Act or a\nsplitting instrument, as the case may be, has been complied with.\n25D Commutation of non-member spouse pension payable in\naccordance with Family Law Act\n(1) If a non-member spouse is entitled to an amount under this Act in\naccordance with the Family Law Act and the amount is to be paid\nas a pension, he or she may within 6 months after first becoming\nentitled to that pension, by notice in writing to the Treasurer, choose\nto convert all or part of the pension entitlement to a lump sum\npayment.\n\nPart V Miscellaneous\nLegislative Assembly Members' Pensions Act 1979 19\n(2) Subject to the provisions of the Family Law Act relating to\nsuperannuation, the amount of a lump sum payment under\nsubsection (1) is to be determined in accordance with a method and\nformula determined by the actuary appointed by the Commissioner.\nPart V Miscellaneous\n26 Service before commencement of Act\n(1) This section applies if a person:\n(a) was a member of the Assembly at any time between\n19 October 1974 and 23 September 1979; and\n(b) made an election under this section as in force before the\ncommencement of Part 3 of the Superannuation Legislation\nAmendment Act 2010; and\n(c) paid the additional contributions required under this section as\nthen in force.\n(2) If this section applies:\n(a) the person's period of service as a member during the period\nfrom 19 October 1974 and 23 September 1979 is to be treated\nas membership for this Act; and\n(b) for sections 17 and 19, that period is taken to be a period\nduring which that member was entitled to additional salary or a\nsalary (as the case requires).\n27 Election or re-election of person entitled to pension\nIf a person who is receiving, or is entitled to receive, a pension\nunder this Act is elected or re-elected as a member after the\nscheme closure date, payment of the pension is suspended until\nthe person ceases to be a member.\n27A Re-election of person entitled to payment under section 21\nIf a person who has received, or is entitled to receive, a payment\nunder section 21 is re-elected as a member after the scheme\nclosure date, the person is not entitled:\n(a) to contribute to the Scheme after the re-election; or\n(b) to receive a pension or other payment under this Act in\nrespect of his or her service as a member consequent on the\nre-election.\n\nPart V Miscellaneous\nLegislative Assembly Members' Pensions Act 1979 20\n27B Claims for benefits\n(1) A person entitled, or claiming to be entitled, to a benefit under this\nAct may apply to the Commissioner, in the form approved by the\nCommissioner, for payment of that benefit.\n(2) If the application relates to a benefit under section 22, it must be\nmade within 2 years after the person ceased to be a member.\n(3) The Commissioner must make a decision on the application as\nsoon as practicable after receiving it.\n(4) On making a decision, the Commissioner must give the applicant a\nwritten notice setting out:\n(a) the Commissioner's decision; and\n(b) either:\n(i) the Commissioner's reasons for the decision; or\n(ii) that the applicant has a right to request written reasons\nunder subsection (5); and\n(c) that the applicant has a right under Part 5A of the\nSuperannuation Act 1986 to have the decision reviewed.\n(5) An applicant may, in writing, require the Commissioner to give\nreasons for the Commissioner's decision and the Commissioner\nmust give the applicant those reasons in writing.\n28 Fees for additional services\nThe Commissioner may charge a person who requests a service in\nrelation to this Act the reasonable cost of performing the service.\n28A Offence to disclose confidential information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n\nPart VI Transitional matters for Superannuation Legislation Amendment Act 2010\nLegislative Assembly Members' Pensions Act 1979 21\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(e) the person is reckless in relation to the result and\ncircumstance mentioned in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information mentioned in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for section 28A\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n29 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act.\nPart VI Transitional matters for Superannuation\nLegislation Amendment Act 2010\n30 Object of this Part\nThe object of this Part is to give effect to the change in the\ntrusteeship of the Fund from the old Trust to the Trustee Board\neffected by the amendments to the Act made by Part 3 of the\nSuperannuation Legislation Amendment Act 2010.\n\nPart VI Transitional matters for Superannuation Legislation Amendment Act 2010\nLegislative Assembly Members' Pensions Act 1979 22\n31 Definitions\nIn this Part:\nasset means property of any kind, whether tangible or intangible,\nreal or personal, including any right, interest or claim of any kind,\nwhether liquidated or unliquidated, actual, contingent or\nprospective.\nliability means any liability, duty or obligation, whether liquidated or\nunliquidated, actual, contingent or prospective, and whether owed\nalone or jointly with another person or jointly and severally with\nanother person.\nold Trust means the Legislative Assembly Members'\nSuperannuation Trust under section 11 as in force before the\nrestructure time.\nold trustee means a person who was a member of the old Trust.\nrestructure time means the commencement of Part 3 of the\nSuperannuation Legislation Amendment Act 2010.\nright means any right, power, privilege or immunity, whether actual,\ncontingent or prospective.\ntransferred asset or liability means an asset transferred by\noperation of section 32(a) or liability transferred by operation of\nsection 32(b).\n32 Transfer of Fund and liabilities etc.\nAt the restructure time:\n(a) the Fund vests in the Trustee Board; and\n(b) each liability of the old Trust becomes a liability of the Trustee\nBoard; and\n(c) in any proceedings to which the old Trust is party, the Trustee\nBoard is substituted for the old Trust as a party to the\nproceedings; and\n(d) any agreement or document relating to a transferred asset or\nliability is taken to be amended so that any reference in it to\nthe old Trust includes, if the context permits, a reference to the\nTrustee Board.\n\nPart VI Transitional matters for Superannuation Legislation Amendment Act 2010\nLegislative Assembly Members' Pensions Act 1979 23\n33 Effect on rights and remedies\n(1) After the restructure time, any proceedings that could have been\ncommenced by or against the old Trust in relation to a transferred\nasset or liability:\n(a) may be commenced by or against the Trustee Board; and\n(b) cannot be commenced by or against the old Trust.\n(2) After the restructure time, any remedy that would have been\navailable to or against the old Trust in relation to a transferred asset\nor liability:\n(a) is available to or against the Trustee Board; and\n(b) is not available to or against the old Trust.\n34 Completion of change of trusteeship\n(1) The old trustees, Trustee Board and Commissioner must take all\npracticable steps to:\n(a) ensure that the effect sought to be achieved by sections 32\nand 33 is achieved; and\n(b) otherwise give effect to the object of this Part.\n(2) Without limiting subsection (1):\n(a) the Commissioner must give to each registrar all the\ninformation the registrar needs in order to record and register\nthe documents necessary to show the effect of section 32; and\n(b) the old trustees, Trustee Board and Commissioner must make\narrangements for the delivery to the Trustee Board of all the\nold Trust's documents and other records relating to the Fund\nor Scheme.\n(3) In this section:\nregistrar means a person authorised or required by a law of any\njurisdiction to record and give effect to the registration of documents\nrelating to transactions affecting a transferred asset or liability.\n35 Exemption from taxes and charges\n(1) No tax or charge is chargeable in relation to any thing (a relevant\nact):\n(a) that occurs by operation of this Part; or\n\nPart VII Transitional matters for Superannuation Legislation Amendment and Repeal\nAct 2014\nLegislative Assembly Members' Pensions Act 1979 24\n(b) done:\n(i) under this Part; or\n(ii) to give effect to this Part; or\n(iii) for a purpose connected with, or arising out of, giving\neffect to the object of this Part.\n(2) Subsection (1) applies in relation to a foreign tax or charge so far as\nthe legislative power of the Legislative Assembly permits.\n(3) Any foreign tax or charge payable in relation to a relevant act is to\nbe paid from the Central Holding Authority, which is appropriated\naccordingly.\n(4) In this section:\nforeign tax or charge means a tax or charge under a law of a\njurisdiction other than the Territory.\ntax or charge means a tax, duty, levy, fee or charge of any kind,\nincluding a fee or charge for a service.\n36 Continuation of ongoing matters\n(1) Anything done or omitted to be done by, to, or in relation to, the old\nTrust before the restructure time that is of ongoing effect is to be\ntaken, after the restructure time, to have been done or omitted to be\ndone by, to, or in relation to, the Trustee Board.\n(2) Without limiting subsection (1), any direction given by the old Trust\nto the Commissioner and in force immediately before the\nrestructure time continues in force as a direction given by the\nTrustee Board.\nPart VII Transitional matters for Superannuation\nLegislation Amendment and Repeal Act 2014\n37 Time limit for claiming retirement through ill health benefit\n(1) For a person who ceased to be a member before the\ncommencement, the reference in section 27B(2) to 2 years after the\nperson ceased to be a member is taken to be a reference to\n2 years after the commencement.\n\nPart VIII Transitional matters for Superannuation Legislation Amendment Act 2019\nLegislative Assembly Members' Pensions Act 1979 25\n(2) In this section:\ncommencement means the commencement of section 72 of the\nSuperannuation Legislation Amendment and Repeal Act 2014.\nPart VIII Transitional matters for Superannuation\nLegislation Amendment Act 2019\n38 Exemption from taxes and charges\n(1) No tax or charge is chargeable in relation to any act or thing that:\n(a) occurs by operation of Part 3 of the Superannuation\nLegislation Amendment Act 2019; or\n(b) is done under or to give effect to that Part; or\n(c) is done for a purpose connected with, or arising out of, giving\neffect to that Part.\n(2) Subsection (1) applies in relation to a foreign tax or charge so far as\nthe legislative power of the Legislative Assembly permits.\n(3) Any foreign tax or charge payable in relation to an act or thing\nmentioned in subsection (1) is to be paid from the Central Holding\nAuthority, which is appropriated accordingly.\n(4) In this section:\nforeign tax or charge means a tax or charge under a law of a\njurisdiction other than the Territory.\ntax or charge means a tax, duty, levy, fee or charge of any kind,\nincluding a fee or charge for a service.\n39 Continuation of ongoing matters\nAnything done or omitted to be done by, to or in relation to the\nTrustee Board before the transfer date that has effect after that date\nis taken to have been done or omitted to be done by, to or in\nrelation to the Commissioner.\n\nPart VIII Transitional matters for Superannuation Legislation Amendment Act 2019\nLegislative Assembly Members' Pensions Act 1979 26\n40 Acquisition on just terms\nIf the operation of Part 3 of the Superannuation Legislation\nAmendment Act 2019 would result in an acquisition of property from\na person otherwise than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n\nENDNOTES\nLegislative Assembly Members' Pensions Act 1979 27\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLegislative Assembly Members' Superannuation Act 1979 (Act No. 83, 1979)\nAssent date 13 July 1979\nCommenced 23 September 1979 (Gaz G37, 14 September 1979, p 12)\nStatute Law Revision Act 1980 (Act No. 6, 1981)\nAssent date 9 January 1981\nCommenced 9 January 1981\nStatute Law Revision Act 1983 (Act No. 58, 1983)\nAssent date 28 November 1983\nCommenced 28 November 1983\nLegislative Assembly Members' Superannuation Amendment Act 1989 (Act No. 34,\n1989)\nAssent date 28 August 1989\nCommenced 1 July 1989 (s 2)\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nLegislative Assembly Members' Superannuation Amendment Act 1992 (Act No. 5, 1992)\nAssent date 8 April 1992\nCommenced 8 April 1992\nLegislative Assembly Members' Superannuation Amendment Act (No. 2) 1992 (Act\nNo. 34, 1992)\nAssent date 25 June 1992\nCommenced 30 June 1992 (s 2)\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\n\nENDNOTES\nLegislative Assembly Members' Pensions Act 1979 28\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act\nNo. 4, 1995) and Gaz S13, 31 March 1995)\nLegislative Assembly Members' Superannuation Amendment Act 1996 (Act No. 44,\n1996)\nAssent date 4 October 1996\nCommenced 22 August 1996 (s 2)\nLegislative Assembly Members’ Superannuation Amendment Act 1998 (Act No. 67,\n1998)\nAssent date 23 September 1998\nCommenced 20 October 1998 (Gaz S41, 20 October 1998)\nLegislative Assembly Members' Superannuation Amendment Act 1999 (Act No. 5, 1999)\nAssent date 26 February 1999\nCommenced 26 February 1999\nLegislative Assembly Members' Superannuation Amendment Act (No. 2) 1999 (Act\nNo. 61, 1999)\nAssent date 14 December 1999\nCommenced 14 December 1999\nLegislative Assembly Members' Superannuation Amendment Act 2003 (Act No. 10,\n2003)\nAssent date 18 March 2003\nCommenced 28 May 2003 (Gaz G21, 28 May 2003, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nLegislative Assembly Members' Superannuation Amendment (Scheme Closure) Act\n2004 (Act No. 68, 2004)\nAssent date 21 December 2004\nCommenced 9 May 2005 (s 2, s 2 Legislative Assembly Members'\nSuperannuation Contributions Act 2004 (Act No. 69, 2004)\nand Gaz S15, 9 May 2005)\nAssembly Members and Statutory Officers (Remuneration and Other Entitlements) Act\n2006 (Act No. 7, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nSuperannuation Law Reform Act 2007 (Act No. 36, 2007)\nAssent date 12 December 2007\nCommenced 23 January 2008 (Gaz G3, 23 January 2008, p 3)\n\nENDNOTES\nLegislative Assembly Members' Pensions Act 1979 29\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nSuperannuation Legislation Amendment Act 2010 (Act No. 42, 2010)\nAssent date 13 December 2010\nCommenced pt 1, pt 2, divs 1 to 3 and pt 4: 1 January 2011 (Gaz S72,\n23 December 2010); rem: 15 March 2011 (Gaz S13,\n14 March 2011)\nSuperannuation Amendment Act 2012 (Act No. 15, 2012)\nAssent date 27 April 2012\nCommenced 27 April 2012\nSuperannuation Legislation Amendment and Repeal Act 2014 (Act No. 39, 2014)\nAssent date 13 November 2014\nCommenced pts 1 and 2: 13 November 2014 (s 2); pts 3 and 5: 1 July 2015\n(Gaz G21, 27 May 2015, p 2); pt 4: nc\nInterpretation Legislation Amendment Act 2018 (Act No. 22, 2018)\nAssent date 8 November 2018\nCommenced pt 2 and ss 19, 20 and 25 to 27: 11 February 2019 (Gaz S11,\n18 February 2019); rem: 11 December 2018 (Gaz S101,\n11 December 2018)\nSuperannuation Legislation Amendment Act 2019 (Act No. 3, 2019)\nAssent date 27 February 2019\nCommenced pts 1 and 2: 2019 (s 2); pt 3: 12 April 2019 (Gaz S20,\n10 April 2019); rem: nc\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 5(2), 11(2) and 13(2) Legislative Assembly Members' Superannuation\nAmendment Act 1989 (Act No. 34, 1989)\ns 11(2) De Facto Relationships (Miscellaneous Amendments) Act 1991 (Act\nNo. 82, 1991)\ns 13 Legislative Assembly Members' Superannuation Amendment Act 1996\n(Act No. 44, 1996)\ns 4 Legislative Assembly Members' Superannuation Amendment Act 1999\n(Act No. 5, 1999)\ns 75 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 5, 7, 12, 17A, 25AB,\n25C and 27B.\n\nENDNOTES\nLegislative Assembly Members' Pensions Act 1979 30\n5 LIST OF AMENDMENTS\nlt amd No. 68, 2004, s 4\ns 1 amd No. 68, 2004, s 5; No. 3, 2019, s 8\ns 3 amd No. 34, 1989, s 4; No. 5, 1992, s 2; No. 44, 1996, s 4; No. 67, 1998, s 4;\nNo. 68, 2004, s 6; No. 7, 2006, s 30; No. 36, 2007, s 37; No. 42, 2010, s 22;\nNo. 15, 2012, s 10; No. 22, 2018, s 37; No. 3, 2019, s 9\ns 3A ins No. 34, 1992, s 3\nsub No. 44, 1996, s 5; No. 67, 1998, s 5\namd No. 42, 2010, s 27\ns 3B ins No. 39, 2014, s 28\npt II hdg sub No. 3, 2019, s 10\npt II\ndiv 1 hdg sub No. 3, 2019, s 10\ns 4 amd No. 5, 1995, s 19; No. 67, 1998, s 6; No. 15, 2009, s 16; No. 42, 2010,\ns 23; No. 39, 2014, s 29\nsub No. 3, 2019, s 10\ns 4A ins No. 34, 1989, s 5\namd No. 67, 1998, s 9\nsub No. 36, 2007, s 38\namd No. 42, 2010, s 27; No. 39, 2014, s 30\nsub No. 3, 2019, s 10\ns 4B ins No. 34, 1989, s 5\namd No. 67, 1998, s 9\nsub No. 36, 2007, s 38\namd No. 42, 2010, s 27\nrep No. 3, 2019, s 10\nss 4C – 4E ins No. 67, 1998, s 7\namd No. 42, 2010, s 27\nrep No. 3, 2019, s 10\ns 4F ins No. 61, 1999, s 2\namd No. 42, 2010, s 27\nrep No. 3, 2019, s 10\ns 5 amd No. 28, 1993, s 3; No. 42, 2010, s 27\nsub No. 3, 2019, s 10\ns 6 amd No. 6, 1981, s 4; No. 58, 1983, s 3; No. 42, 2010, s 27\nsub No. 3, 2019, s 10\ns 7 amd No. 58, 1983, s 3; No. 5, 1995, s 19; No. 67, 1998, s 9; No. 6, 2008, s 3;\nNo. 42, 2010, s 27\nsub No. 3, 2019, s 10\ns 8 amd No. 67, 1998, s 9; No. 42, 2010, s 27\nsub No. 3, 2019, s 10\ns 9 amd No. 6, 2008, s 3\nsub No. 3, 2019, s 10\ns 9A ins No. 3, 2019, s 10\nsub No. 3, 2019, s 10\ns 10 amd No. 5, 1995, s 19; No. 15, 2009, s 16\nsub No. 3, 2019, s 10\npt II\ndiv 2 hdg sub No. 42, 2010, s 24\nsub No. 3, 2019, s 10\ns 11 sub No. 42, 2010, s 24\nsub No. 3, 2019, s 10\ns 12 amd No. 44, 1996, s 6; No. 67, 1998, s 9\nsub No. 42, 2010, s 24\namd No. 39, 2014, s 31\nsub No. 3, 2019, s 10\ns 13 rep No. 42, 2010, s 24\n\nENDNOTES\nLegislative Assembly Members' Pensions Act 1979 31\ns 14 amd No. 67, 1998, s 9\nrep No. 42, 2010, s 24\ns 15 rep No. 42, 2010, s 24\ns 15A ins No. 68, 2004, s 7\ns 16 amd No. 34, 1989, s 6; No. 67, 1998, s 9; No. 42, 2010, s 27; No. 3, 2019,\ns 13\ns 17 amd No. 67, 1998, s 9; No. 42, 2010, s 27; No. 3, 2019, s 13\ns 17A ins No. 68, 2004, s 8\namd No. 3, 2019, s 13\ns 18 amd No. 34, 1989, s 7; No. 82, 1991, s 11; No. 67, 1998, s 9; No. 1, 2004,\ns 62; No. 42, 2010, s 27; No. 3, 2019, s 13\ns 19 amd No. 34, 1989, s 8\nsub No. 44, 1996, s 7\namd No. 67, 1998, s 9; No. 5, 1999, s 2; No. 42, 2010, s 27; No. 3, 2019, s 13\ns 21 amd No. 34, 1989, s 9; No. 44, 1996, s 8; No. 67, 1998, s 9\ns 22 amd No. 34, 1989, s 10; No. 44, 1996, s 9; No. 67, 1998, s 9; No. 42, 2010,\ns 27; No. 3, 2019, s 13\ns 23 amd No. 67, 1998, s 9\nrep No. 5, 1999, s 3\ns 24 amd No. 34, 1989, s 11; No. 44, 1996, s 10; No. 67, 1998, s 9; No. 42, 2010,\ns 27; No. 3, 2019, s 13\ns 25 amd No. 34, 1989, s 12; No. 44, 1996, s 11; No. 67, 1998, s 9; No. 42, 2010,\ns 27; No. 3, 2019, s 13\ns 25A ins No. 34, 1989, s 13\namd No. 44, 1996, s 12; No. 67, 1998, s 9; No. 42, 2010, s 27; No. 3, 2019,\ns 13\ns 25AB ins No. 39, 2014, s 32\npt IVA hdg ins No. 10, 2003, s 3\ns 25B ins No. 10, 2003, s 3\namd No. 42, 2010, s 27\nss 25C – 25D ins No. 10, 2003, s 3\namd No. 42, 2010, s 27; No. 3, 2019, s 13\ns 26 amd No. 6, 1981, s 4; No. 67, 1998, s 9\nsub No. 42, 2010, s 25\ns 27 amd No. 67, 1998, s 9\nsub No. 68, 2004, s 9\ns 27A ins No. 68, 2004, s 9\namd No. 3, 2019, s 13\ns 27B ins No. 39, 2014, s 72\namd No. 3, 2019, s 13\ns 28 amd No. 58, 1983, s 3; No. 5, 1992, s 3; No. 46, 1992, s 13\nrep No. 67, 1998, s 8\nins No. 10, 2003, s 4\namd No. 42, 2010, s 27\nsub No. 3, 2019, s 11\ns 28A ins No. 39, 2014, s 33\nsub No. 3, 2019, s 11\npt VI hdg ins No. 42, 2010, s 26\nss 30 – 36 ins No. 42, 2010, s 26\npt VII hdg ins No. 39, 2014, s 73\ns 37 ins No. 39, 2014, s 73\npt VIII hdg ins No. 3, 2019, s 12\nss 38 – 40 ins No. 3, 2019, s 12","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The statute remains focused on providing a contributory pension/superannuation scheme for Legislative Assembly members elected before the scheme closure date and related administration. Over time it has accumulated administrative, compliance and transitional machinery: transfer of trusteeship and assets to a central authority, mandatory compliance with Commonwealth surcharge and Family Law requirements, commutation mechanisms to satisfy tax/surcharge debts, and criminal/confidentiality rules. These additions broaden administrative reach and interaction with Commonwealth law but do not materially change the core substantive scope (who is eligible and what benefits are payable). The Act’s purpose — to set contribution, benefit and administrative rules for this cohort of members — remains the same; subsequent amendments add implementation detail, enforcement tools and cross‑jurisdictional compliance rather than a new substantive policy domain (see ss3A, 4–5, Part VI–VIII, ss25C–25D)."},"complexity_factors":["Multiple defined terms and cross-references in s3 and Part IVA (≈20 key definitions across ss3, 25B)","Conditional eligibility rules with nested thresholds (elected ≥3 times, ≥8 years service, ill‑health exceptions with alternative calculations — ss19, 22, 24)","Several commutation formulas with choice of the higher result and age-dependent factors (ss25, 25A)","Cross-jurisdictional overlay with Commonwealth laws (Surcharge Act and Surcharge Collection Act — s3A; Family Law Act Part VIIIB — ss25B–25D; Superannuation Act 1986 references)","Multiple transitional Parts (VI–VIII) that transfer trusteeship, assets and liabilities and create tax exemption and acquisition/compensation rules (ss30–40)","Discretionary administrative powers: Commissioner may prepare administrative instructions, delegate powers, determine actuarial matters and commute pensions (ss4A, 5, 6, 9A, 10, 12, 25C)","Surcharge/tax handling mechanics and surcharge debt accounts with advance-payments and commutation options (ss7–9A, 25AB)","Penal and criminal provisions applying Criminal Code Part IIAA and confidentiality offence with significant penalty (s3B; s28A)","Frequent references to external actuarial advice and actuarial review schedule (s10)","Multiple exceptions, elections and time limits (e.g. 6-month commutation windows, 14-day election after 20 years, 2-year claim limit for ill-health benefits — ss16(1A), 25, 22, 27B)"],"plain_english_summary":"This law creates a contributory superannuation scheme for Northern Territory Legislative Assembly members elected before a closure date, requiring 11.5% member contributions and defining pension, lump‑sum and commutation rules and eligibility. Administration, assets and liabilities transfer to the Commissioner and the Territory’s Central Holding Authority, with the Territory ultimately meeting funding shortfalls. It also implements Commonwealth tax/surcharge and Family Law interaction rules that can affect benefits and administration."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally established as a straightforward contributory superannuation fund for MLAs (1979), the legislation has expanded significantly beyond its original scope. It now functions primarily as a pension administration and payment mechanism following the 2005 scheme closure, incorporating: Commonwealth superannuation surcharge compliance (1990s-2000s), Family Law Act splitting requirements (2003), multiple fund restructures (2010, 2014, 2019), tax debt commutation powers (2014), and complex transitional arrangements for legacy members. The Act has transformed from an active superannuation scheme into a closed pension management system with extensive compliance obligations."},"complexity_factors":["Multiple major restructurings requiring transitional Parts (VI, VII, VIII) dealing with 2010, 2014 and 2019 amendments","Complex pension calculation formulas with multiple variables (section 19) including fractional years and caps","Mathematical commutation formulas with exponential components (sections 25, 25A: '10 - 2^y')","Extensive cross-referencing to Commonwealth legislation (Family Law Act 1975, Superannuation Contributions Tax legislation, Superannuation Act 1986)","Nested conditional logic for spouse benefits (section 24) with multiple tiers based on whether member commuted pension, died in office, or left no dependants","Defined terms with exclusions (e.g., 'spouse' definition excludes post-retirement marriages under specific age/time conditions in section 18)","Interaction between this Act and the separate Legislative Assembly Members' Superannuation Contributions Act 2004 (section 17A)","Multiple administrative transfers of fund trusteeship (original Trust → Trustee Board → Commissioner) with substitution provisions"],"plain_english_summary":"**What this law does:**\n\nThis is the **Northern Territory's superannuation (retirement savings) scheme for elected politicians** who served in the Legislative Assembly (the NT Parliament) before May 2005. It establishes a **defined benefit pension scheme** — meaning retired members receive a guaranteed income for life based on their years of service and final salary, rather than just the balance of an investment account.\n\n**Who it affects:**\n\n*   **Former MLAs elected before 9 May 2005** (the \"scheme closure date\") who served at least 8 years and were elected on at least 3 separate occasions.\n*   **Surviving spouses and dependent children** of deceased members or pensioners.\n*   The **Commissioner of Superannuation**, who now administers the scheme after assets were transferred from a standalone Fund to the government's Central Holding Authority in 2019.\n\n**Key features:**\n\n*   **Pension calculation:** Retired members receive 6.25% of final salary for each of the first 8 years of service, plus 3% for each additional year, capped at 80% of final salary. Extra amounts apply for those who served as Ministers, Speaker, or Leader of the Opposition.\n*   **Indexation:** Pensions increase in line with current MLAs' salaries.\n*   **Spouse benefits:** Surviving spouses typically receive five-sixths of the member's pension or 40% of current basic salary, whichever is higher.\n*   **Commutation:** Members can convert part of their pension to a lump sum payment within 6 months of leaving office.\n*   **Ill health retirement:** Members forced to retire due to ill health can access pensions even without meeting the usual 8-year/3-election threshold.\n*   **Family law:** The scheme complies with Commonwealth family law, allowing superannuation to be split between separating couples.\n\n**Why it matters:**\n\nThis Act creates a **generous, taxpayer-funded retirement safety net** for long-serving Territory politicians. Unlike most modern superannuation, it provides **guaranteed lifetime income** rather than depending on investment returns. The scheme is now **closed to new entrants** (since 2005), making this a legacy system for a shrinking pool of former politicians, with the Territory government ultimately backing all pension payments."}},"importantCases":[],"_links":{"self":"/api/acts/legislative-assembly-members-pensions-act-1979","history":"/api/acts/legislative-assembly-members-pensions-act-1979/history","analysis":"/api/acts/legislative-assembly-members-pensions-act-1979/analysis","conflicts":"/api/acts/legislative-assembly-members-pensions-act-1979/conflicts","importantCases":"/api/acts/legislative-assembly-members-pensions-act-1979/important-cases","documents":"/api/acts/legislative-assembly-members-pensions-act-1979/documents"}}