{"id":"F1997B02304","name":"Parliamentary Retiring Allowances Regulations","slug":"parliamentary-retiring-allowances-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"99 of 1949","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29583,"registerId":"commonwealth-F1997B02304-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Retiring Allowances Regulations","content":"![](image.001.png)\n\nParliamentary Retiring Allowances Regulations\n\nStatutory Rules 1949 No. 99 as amended\n\nmade under the\n\nParliamentary Contributory Superannuation Act 1948\n\nThis compilation was prepared on 21 July 2004 \ntaking into account amendments up to SR 1975 No. 186\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Citation \\[see Note 1\\]\n\n2 Interpretation\n\n3 Payment of retiring allowances and annuities\n\n5 Elections and options and their revocation\n\n5A Evidence as to certain matters\n\n6 Evidence as to pensioners\n\n7 Notice of meeting\n\n8 Government employment of officer\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the Parliamentary Retiring Allowances Regulations.\n\n2 Interpretation\n\nIn these Regulations:\n\n> the Act means the Parliamentary Retiring Allowances Act 1948.\n\n3 Payment of retiring allowances and annuities\n\n(1) Retiring allowances and annuities shall be paid fortnightly on the Thursday of each fortnight on which pensions payable under the Superannuation Act 1922 are paid.\n\n(2) The amount of a retiring allowance or an annuity for a period of less than a fortnight shall bear the same proportion to the amount of a fortnight’s instalment as the number of days in that period bears to fourteen.\n\n5 Elections and options and their revocation\n\n(1) An election by a person under subsection (5) of section 18 of the Act shall be made not later than three months after the date on which the person becomes entitled to the retiring allowance referred to in that subsection.\n\n(2) An election under subsection 18 (5), 22Q (1), 22R (2) or (6), or 32 (1), or under paragraph 32 (4) (a) or (b), of the Act shall be made, an option under subsection 19 (2) or 22K (2) of the Act shall be exercised and a revocation under subsection 22R (10) or section 24C of the Act shall be made, by notice in writing signed by the person making the election, exercising the option or making the revocation, as the case may be, and:\n\n(a) delivered to a person authorized by the Trust to receive the notice; or\n\n(b) sent by post to the Trust, care of the Secretary to the Department of the Treasury, Canberra.\n\n5A Evidence as to certain matters\n\n(1) Every member shall furnish evidence satisfactory to the Trust of:\n\n(a) the date of birth of the member;\n\n(b) the marital status of the member;\n\n(c) if the member is or becomes married — the marriage of the member and the date of birth of the spouse of the member; and\n\n(d) any change occurring in the marital status of the member.\n\n(2) Before authorizing payment of benefit under the Act to the widow or widower of a person, the Trust may, where it has not been provided during the lifetime of the person with evidence sufficient to establish the date of birth of the widow or widower and the marriage of the widow or widower to the person, require the widow or widower to furnish the Trust with that evidence.\n\n6 Evidence as to pensioners\n\nAs and when required by the Trust:\n\n(a) a person to whom, or in respect of whom, retiring allowance or annuity payments are being made shall submit evidence satisfactory to the Trust that the person is alive; and\n\n(b) a person in receipt of a widow’s or widower’s annuity shall furnish evidence satisfactory to the Trust that the person has not remarried.\n\n7 Notice of meeting\n\nNotice of any meeting of the Trust shall be given personally or by post to all the trustees.\n\n8 Government employment of officer\n\nA local governing body shall not be deemed to be an authority of a State for the purposes of section 21 of the Act.\n\n> Notes to the Parliamentary Retiring Allowances Regulations\n\n> Note 1\n\n> Note: The Parliamentary Retiring Allowances Regulations (in force under the Parliamentary Contributory Superannuation Act 1948) as shown in this compilation comprise Statutory Rules 1949 No. 99 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| 1949 No. 99 | 1 Dec 1949 | 1 Dec 1949 | |\n| 1965 No. 59 | 20 May 1965 | 20 May 1965 | — |\n| 1966 No. 106 | 7 July 1966 | 7 July 1966 | — |\n| 1975 No. 186 | 23 Sept 1975 | 23 Sept 1975 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 2.................

am. 1975 No. 186

R. 3.................

rs. 1975 No. 186

R. 4.................

rs. 1965 No. 59

rep. 1975 No. 186

R. 5.................

rs. 1965 No. 59

am. 1966 No. 106; 1975 No. 186

R. 5A................

ad. 1965 No. 59

rs. 1975 No. 186

R. 6.................

am. 1975 No. 186

R. 8.................

ad. 1965 No. 59

\n```","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement administrative detail under the Parliamentary Contributory Superannuation Act 1948—payment timing, evidence, and procedural mechanics—rather than redefining who is eligible or altering substantive benefit entitlements. The amendment table records changes to timing, wording and procedures but does not, on its face, expand or contract covered persons under the Act."},"complexity_factors":["Cross-references to multiple provisions of the Act (e.g. s18, s19, s22K, s22Q, s22R, s24C, s32) increase interpretive work when applying Reg 5.","Payment mechanics and pro rata calculation for partial fortnights (Reg 3(1)–(2)) require numerical adjustment by administrators and payees.","Evidence and verification duties placed on members, beneficiaries and the Trust (Regs 5A and 6) create recurring compliance and record-keeping obligations.","Formal service rules for elections, options and revocations (Reg 5(2)) specify authorised delivery routes and create administrative dependencies on the Trust’s agents.","Discretion granted to the Trust to require and assess evidence (Regs 5A(2); 6) introduces administrative judgement calls.","Procedural requirement to notify trustees of meetings (Reg 7) and a definitional reliance on the parent Act (Reg 2) add coordination steps.","Compilation and amendment history (Notes/Table of Amendments covering 1949–1975) means readers must consult amendment records to track textual changes."],"plain_english_summary":"These regulations set how and when retiring allowances and annuities under the Parliamentary Contributory Superannuation Act 1948 are paid, how elections and options are made and served, and what evidence beneficiaries must provide. They affect members, pensioners, widows/widowers and the Trust by defining payment timing, documentary-proof obligations, and the procedural steps that govern entitlement and ongoing payments."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: administrative machinery for paying parliamentary retiring allowances. The amendments shown (1965, 1966, 1975) appear to be technical updates and additions (such as adding regulation 5A and 8) rather than scope expansion. The scheme itself has been replaced by newer parliamentary superannuation arrangements, but these regulations as compiled maintain their original narrow administrative scope."},"complexity_factors":["Only 1 defined term in the interpretation section ('the Act')","8 substantive regulations total, with minimal cross-referencing","Straightforward procedural rules without nested conditions or exceptions","No complex mathematical formulas beyond simple pro-rata calculation (division by 14)","References to specific subsections of the parent Act but no recursive definitions","Regulation 5 contains a list of subsections but follows a simple pattern (notice in writing, signed, delivered or posted)"],"plain_english_summary":"This legislation sets out the administrative rules for paying retirement benefits to former Australian federal politicians and their surviving spouses.\n\n**What it does:**\n- **Payment schedule**: Retiring allowances and annuities (regular pension payments) are paid fortnightly on Thursdays, aligned with other Commonwealth public service pensions.\n- **Pro-rata calculations**: If someone is entitled to payment for less than a full fortnight, they get a daily rate (the fortnightly amount divided by 14, multiplied by the number of days).\n- **How to make choices**: Members must make written elections about their benefits (such as choosing between lump sums and ongoing payments) within three months of becoming entitled. These must be signed and either delivered to an authorised person or posted to the Trust (the body managing the scheme) care of the Treasury Department in Canberra.\n- **Proof of identity and status**: Members must provide evidence of their date of birth, marital status, spouse's details, and any changes to marital status. Before paying a widow or widower, the Trust can require proof of the deceased member's marriage and the survivor's date of birth.\n- **Keeping payments honest**: Pensioners must prove they are still alive when asked. Widows and widowers receiving annuities must prove they haven't remarried (which would typically stop the payment).\n- **Trust meetings**: Trustees must be given personal or postal notice of meetings.\n- **Local government exclusion**: Local councils are explicitly *not* considered \"State authorities\" for one section of the Act, meaning former politicians can work for local government without triggering certain employment restrictions.\n\n**Who it affects:**\n- Former members of the Australian Parliament receiving retiring allowances\n- Surviving spouses (widows and widowers) of deceased members receiving annuities\n- The Parliamentary Contributory Superannuation Trust that administers the scheme\n\n**Why it matters:**\nThese regulations ensure politicians' pensions are paid properly and prevent fraud (such as payments to deceased pensioners or remarried widows/widowers). They also set clear deadlines and procedures for members to make important financial decisions about their retirement benefits."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-retiring-allowances-regulations","history":"/api/acts/parliamentary-retiring-allowances-regulations/history","analysis":"/api/acts/parliamentary-retiring-allowances-regulations/analysis","conflicts":"/api/acts/parliamentary-retiring-allowances-regulations/conflicts","importantCases":"/api/acts/parliamentary-retiring-allowances-regulations/important-cases","documents":"/api/acts/parliamentary-retiring-allowances-regulations/documents"}}