New South Wales act

Local Government and Other Authorities (Superannuation) Act 1927

In ForceNSW

Jurisdiction

New South Wales

Act Number

35 of 1927

Collection

act

Plain English Summary

9/10 complexity

What this law does (mechanics first)

Establishes compulsory retirement insurance and supervised pension arrangements for many local government employees. The law requires covered employees to have endowment life-insurance policies maturing at age 65 (s 4) or to be covered through alternative superannuation arrangements created by the Act (Parts 2–3D).
Creates and governs three different pots used to hold members’ money and pay benefits: the Local Government Provident Fund (Part 3, s 8), the Superannuation Benefits Fund (Part 3B, s 15S) and the Pension Fund (Part 3D). Each fund has its own rules about who pays in, how contributions are credited and how benefits are measured and paid.
Charges employers (councils and certain proclaimed bodies) with paying contributions and allows employers to recover part of those contributions from employees (s 6, s 13, s 15N–15R, s 15AW). Contribution and premium payment timing is governed precisely (monthly reporting and payment requirements, e.g. s 6(1)(b), s 13AA, s 15AX) and interest may be charged on late payments (s 6(1)(d), s 15P, s 15AY).
Sets out detailed benefit rules covering retirement, resignation, dismissal, death and disablement: lump‑sum and pension calculations, additional benefits for those who qualify, and options to commute pension to lump sums (Division 5 and Division 5A of Part 3D; see s 15BF–15BX, s 15BUA–15BVC). Schedule tables supply numeric multipliers and conversion factors (Schedules B, D, C, F, etc.).
Gives the administering board (the SAS Trustee Corporation, referred to as the Board) broad powers: to accept and hold policies, to arrange group insurance, to invest funds, to set reserves, to transfer moneys between accounts, to levy administration charges and to make determinations affecting individuals’ rights (e.g. s 4(2)–(4), s 4A, s 16A, s 17, s 17A, s 15BW, s 15CC).

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Current sections

Direct links to the current provisions in Local Government and Other Authorities (Superannuation) Act 1927.

185

Part 1

Introductory

Part 1 Introductory

Name of Act

1 Name of Act

(1) This Act may be cited as the Local Government and Other Authorities (Superannuation) Act 1927.

(2) In this Act the expression the Principal Act means the Local Government Act 1919.

(3) Unless the context necessarily requires a different meaning, expressions defined in the Principal Act shall bear the same meanings in this Act.

(4) (Repealed)

s 1: Am 1935 No 24, sec 6; 1959 No 2, sec 2 (1) (a); 1968 No 6, sec 2 (a); 1975 No 101, Schs 3 (1), 5 (2); 1977 No 46, Sch 1 (1); 1979 No 7, Sch 2 (1); 1980 No 191, Schs 3 (1), 4 (1), 5 (1); 1982 No 27, Sch 1 (1); 1983 No 104, Sch 1 (1); 1989 No 107, Sch 1.

Commencement and application of Act

2 Commencement and application of Act

(1) This Act shall commence on a day not earlier than the first day of July, one thousand nine hundred and twenty-seven, to be appointed by the Governor and notified by proclamation published in the Gazette not less than six weeks before the date of commencement.

(2) This Act shall apply to and in respect of town clerks, shire clerks, municipal engineers, shire engineers and health inspectors of any council, and to such other servant or servants or class of servants of councils as the Governor may by proclamation published in the Gazette from time to time direct.

Classes of servants may be defined in any such proclamation by reference to the occupation, age, sex, past service, or salary of the servants to whom this Act is to be applied.

(3) This Act shall also apply to and in respect of every veterinary inspector who shall for the purposes of this Act be deemed to be a servant of a pastures protection board as defined in the Pastures Protection Act 1934.

(4)

(a) This Act shall also apply to and in respect of such servant or servants or class of servants of any body or association of persons, corporate or unincorporate, as the Governor may by proclamation published in the Gazette from time to time direct.

(b) For the purposes of the application of the provisions of this Act to any such servants or class of servants a reference in this Act to a council or permanent servant shall be read and construed as a reference to any such body or association of persons or the servant of such body or association of persons to whom this Act is applied pursuant to paragraph (a), as the case may require.

(c) Classes of servants may be defined in any proclamation under this subsection by reference to the occupation, age, sex, past service, or salary of the servants to whom this Act is to be applied.

(5) Without affecting the operation of the foregoing provisions of this section, the Governor may by proclamation published in the Gazette declare any body or association of persons, corporate or unincorporate, to be an employing authority for the purposes of the definition of employer in section 15AL (1).

s 2: Am 1935 No 24, sec 2 (1) (a); 1940 No 49, sec 2 (a); 1948 No 33, sec 2 (a); 1975 No 101, Sch 5 (3); 1977 No 46, Sch 1 (2).

Definitions

3 Definitions

In this Act, unless inconsistent with the context or subject-matter—

Administration Account means the STC Administration Account maintained under the Superannuation Administration Act 1996.

Approved means approved by the Governor by notification published in the Gazette.

Benefits Fund means the Superannuation Benefits Fund established under section 15S.

Board means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996.

Contingent Account means the Contingent Account established under section 17P.

Council includes County Council, urban committee, any joint committee constituted by any two or more councils under the Principal Act and a pastures protection board as defined in the Pastures Protection Act 1934.

Fund of the board means the Provident Fund, the Benefits Fund, the Pension Fund, the Management Account, the Contingent Account, the reserve account under section 4A or the reserve account under section 13A.

Future service factor means the difference between the number of years of the age at next birthday of a permanent servant at the time of his taking out a policy of insurance under this Act and sixty-five years.

Insurance company extends and applies to any company, society or body of persons incorporated or regulated, or enabled to sue and be sued, by any charter or Act and associated together with the object solely, or amongst others, of granting policies upon lives or entering into contracts for future endowments by way of annuity or otherwise; and also includes any Government department, mutual indemnity association, or other body undertaking insurance under this Act.

Past service factor means the number of completed years of past service, not exceeding in any case twenty years, of a permanent servant at the time at which this Act is applied to him, including war service with the Australian Expeditionary Forces where the permanent servant at the time of enlisting was in the employment of a council.

Pension Fund means the Local Government Pension Fund established under section 15AZ.

Permanent servant means town clerk, shire clerk, municipal engineer, shire engineer, health inspector, or other servant of a council to whom the provisions of this Act may by proclamation be extended.

The expression permanent servant includes a veterinary inspector who shall be deemed to be the permanent servant of a pastures protection board which pays his salary or any part thereof.

Prescribed employment benefit means an employment benefit of a kind referred to in paragraph (b), (c) or (e) of the definition of employment benefit in section 42K (1) of the Public Sector Management Act 1988.

Provident Fund means the Local Government Provident Fund established under section 8.

Regulations means regulations under this Act.

Relieving allowance means an allowance paid to the holder of an office or position for performing any or all of the duties of another office or position, without his being appointed to that other office or position on a permanent basis.

Salary means salary determined in accordance with section 3A or 3B and expressed as an annual rate.

Service means service of a servant in any capacity, whether continuous or broken, with one or more councils.

Total service factor means future service factor added to past service factor.

Veterinary inspector means a veterinary inspector appointed under the Pastures Protection Act 1934.

s 3: Am 1935 No 24, sec 2 (1) (b); 1940 No 49, sec 2 (b); 1975 No 101, Sch 5 (4); 1977 No 46, Schs 1 (3), 2 (1), 5 (1), 6 (1); 1983 No 104, Sch 1 (2); 1984 No 153, Sch 16; 1987 No 215, Sch 1 (1); 1989 No 107, Sch 1; 1989 No 229, Sch 1; 1991 No 96, Sch 6; 1996 No 39, Sch 4.6 [1] [2]; 1999 No 86, Sch 1.2 [1].

Salary

3A Salary

(1) For the purposes of this Act, salary, in relation to a servant of an employer, means the remuneration, salary or wages payable in money to the servant in the servant’s capacity as a servant of the employer, as reported to the Board from time to time by the servant’s employer, including—

(a) a loading in respect of any shift allowance, as determined in accordance with the regulations, and

(b) other allowances payable in money that are of a kind included within the value of leave paid on termination of employment,

but does not include the excluded amounts or allowances referred to in subsection (2).

(2) The excluded amounts or allowances are—

(a) an amount paid for overtime or as a bonus, or an allowance instead of overtime,

(b) except to the extent determined in accordance with the regulations, as referred to in subsection (1) (a)—an amount paid as shift allowance,

(c) except to the extent that this section otherwise provides—a relieving allowance,

(d) an expense allowance or an allowance for travelling, subsistence or other expenses,

(e) an equipment allowance, and

(f) an amount paid for rent or as a residence, housing or quarters allowance.

(3) If a servant’s employer, or a person authorised to do so on behalf of the employer, certifies in writing to the Board that a relieving allowance to be, or being, paid to the servant in the servant’s capacity as a servant is likely to be paid for a continuous period of 1 year (whether or not the period is partly before the date of the certificate), the allowance is, as from—

(a) the date on which the certificate is lodged with the Board, or

(b) the date from which the allowance becomes payable,

whichever is the later, salary for the purposes of this Act.

(4) If a relieving allowance has been paid to a servant in the servant’s capacity as a servant for a continuous period of 1 year that ends after the commencement of this section and, during that period, the allowance has not been treated as part of the servant’s salary in accordance with subsection (3), the allowance shall, as from the expiration of that period of 1 year, be treated as part of the servant’s salary while its payment to the servant continues.

(5) In this section, shift allowance means an allowance paid to a servant in respect of shift work performed by the servant, and includes amounts paid as penalty rates.

(6) Any allowances or other kinds of remuneration treated as salary immediately before the commencement of this section in relation to a servant shall continue to be treated as salary for the purposes of this Act, but only in relation to that servant.

s 3A: Ins 1987 No 215, Sch 1 (2). Am 1989 No 107, Sch 1 (am 1990 No 108, Sch 2); 1999 No 86, Sch 1.2 [2].

3B

3B (Repealed)

Part 2

Insurance provisions

Part 2 Insurance provisions

Compulsory insurance

4 Compulsory insurance

(1) Every permanent servant of a council shall effect in manner prescribed in this section with an approved insurance company within such time as may be prescribed an endowment insurance policy maturing at the age of sixty-five years (which shall be the retiring age of all permanent servants coming within the provisions of this Part) or previous death according to the scale of compulsory cover set forth in the Schedule to this Act.

Where and so often as the salary of a permanent servant is increased he shall within such time and in such manner as may be prescribed effect additional insurance for such further amount as will together with the amount for which he is already insured pursuant to this section, if any, equal the amount for which he would have been required to effect insurance if such increased salary had been payable to him at the time the endowment insurance policy subsisting in respect of him was effected or deemed to have been effected pursuant to this section.

(1A) In its application to permanent servants effecting endowment insurance policies as required by subsection (1) after the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959 the said subsection (1) shall be read and construed as if the words “the Schedule” were omitted therefrom and the word and letter “Schedule A” were substituted therefor.

(2) Proposals for insurance under this section shall be lodged with the board by the permanent servants concerned, and as agent for the proponents the board may with the approval of the Minister agree with an approved insurance company or companies for the issue of the policies applied for.

(3) The board may with the like approval arrange with any approved insurance company or companies for the insurance of a group or groups of permanent servants in such manner as to ensure that each permanent servant concerned in any group shall be covered to the extent provided in subsection (1).

The inclusion of any permanent servant under any group insurance policy shall be deemed to be sufficient compliance with subsection (1).

(4)

(a) All such policies shall be handed to and shall be held by the board until the policy moneys are payable, and shall then be delivered to the permanent servant who has been insured or to his personal representatives.

(b) In the event of any permanent servant ceasing to be employed by any council before the policy moneys become payable such person shall be entitled to receive from the board any policy held upon his behalf, subject to payment to the board of any moneys which may have been paid in respect of the premium for any unexpired balance of the then current period covered by such premium, and to the payment to the board of any moneys due by such permanent servant to the council in respect of the policy.

Where any such permanent servant is included in a group policy of insurance the board may arrange with the insurance company or companies concerned to pay to such permanent servant the surrender value of his interest in any such group policy.

The board shall fix and the permanent servant shall pay to the board the part of the premium paid by the board on his behalf for the then current period of the policy attributable to the unexpired portion of that period, and also pay to the board any moneys due by such permanent servant to the council in respect of the policy.

(c) The board shall immediately upon receipt of any such moneys payable to the council pay the same over to the council.

(d) The board, if it sees fit, may arrange with any insurance company or companies with which insurance of any group of permanent servants has been effected under this Act to enable any permanent servant who is a member of such group and who notifies the board that he desires so to do, to continue his insurance in such group after he ceases to be employed by any council provided that he undertakes to pay and pays to the board periodically at the proper times the amount for premiums and other moneys which would have been payable by a council under this Act on the council’s and on his own behalf had he remained in the service of a council.

(e) In the event of the death of a permanent servant during the currency of a policy the policy moneys shall stand charged with the repayment to the board of so much of the premium paid by the board in respect of the current premium period as is fixed by the board as being attributable to the unexpired portion of that period. The board shall before handing any policy to the personal representatives of a deceased permanent servant arrange for the collection of the amount.

(f)

(i) Where a permanent servant ceases to be employed by any council and advises the board that he does not wish to take over or to continue any policy on his life effected under this Act or fails to advise the board of his wishes in this regard within one month after the posting of a notice by the board to his last known address or fails to pay on demand any moneys payable by him to the board, the board may arrange with the insurance company or companies concerned for the cancellation of such policy at such date as the board may decide upon.

The moneys paid by the insurance company or companies concerned shall be paid to the board and applied by it as follows—

(a) firstly, in or towards payment to the board, of any moneys due to it by the permanent servant on any account, and

(b) secondly, in or towards payment of the part of the premium paid for the then current period of the policy attributable to the unexpired portion of that period and any moneys due by the permanent servant to the council in respect of the policy, and

(c) thirdly, in payment of the balance to the permanent servant.

Where any balance so paid to a permanent servant is not equal to the quota of premium or premiums, or contribution or contributions, paid by him in respect of the policy and where the board has received commission from the insurance company or companies concerned in respect of such policy the board from its reserve account may make such payment as it deems equitable to the permanent servant but the amount so payable to the permanent servant together with the balance referred to above shall not exceed the amount of such servant’s quota of premium or premiums, or contribution or contributions, paid by him in respect of the policy.

(ii) Where the policy on the life of a permanent servant to whom this paragraph applies has not been in force for more than one year or for a sufficient time to enable a surrender value to attach to such policy and where the board has received commission from the insurance company or companies concerned in respect of such policy the board from its reserve account may make such payments as it deems equitable to the council last employing such permanent servant and to the permanent servant, but—

(a) the amount payable to the council shall not exceed the amount of the council’s quota of premium or premiums, or contribution or contributions, paid in respect of the policy, and

(b) the amount payable to the permanent servant shall not exceed the amount of such servant’s quota of premium or premiums, or contribution or contributions, paid by him in respect of the policy.

(5) Any permanent servant who has his life insured at the commencement of this Act or upon the provisions of this Act being applied to him or at the commencement of his employment with a council may make arrangements with the board for the acceptance of his subsisting policy in lieu of effecting insurance as provided in subsection (1).

If the board accepts such policy as satisfying the provisions of subsection (1) such permanent servant shall lodge the policy with the board, and thereupon such policy or policies shall for the purposes of this Act be deemed to be policies effected under subsection (1).

The council’s quota payable as hereinafter defined, in respect of such policy or policies, shall not in any such case be calculated on the premium or premiums actually payable on such policy or policies, but shall be calculated on the rate of premium which would have been payable if a new policy were effected under subsection (1) at the then age of such permanent servant.

(6) No policy effected under this section or any other section of this Act and no bonus declared in respect thereof shall be assigned, transferred, surrendered, mortgaged, charged, or encumbered in any manner whatsoever, so long as the permanent servant concerned is employed by any council.

(7) A policy effected in pursuance of this section shall have the protection afforded by section 4 of the Life, Fire, and Marine Insurance Act 1902 whatever may be the time during which such policy has endured, and section 5 of the said Act shall not apply thereto.

(8) This section applies to every permanent servant employed by a council at or after the commencement of this Act, and not exempted from the obligations of this section by virtue of the provisions of section 7—

Provided that the board may in any special case, on application being made to it as prescribed, if it is of the opinion that it is for the benefit of any permanent servant, exempt such servant from the obligations under this section for a period to be decided by it or postpone the application of the Act to any such permanent servant for such period as may be decided by it.

s 4: Am 1935 No 24, sec 3 (1) (a); 1948 No 33, sec 2 (b); 1959 No 2, sec 2 (1) (b); 1977 No 46, Sch 3 (1).

Reserve fund

4A Reserve fund

The board may set aside from time to time a portion not exceeding twenty per centum of any moneys received by it by way of commission or otherwise for the effecting of insurance on the lives of permanent servants as elsewhere provided in this Act and place such portion to a reserve account.

Interest derived from the investment of the reserve account shall form part thereof.

The board may use the income and capital of such reserve account in making payments of premiums on the policy of a permanent servant who may be temporarily out of a council’s employment, or to secure the surrender value of a policy and making payments to councils and permanent servants pursuant to paragraph (f) of subsection (4) of section 4. Any payments so made together with interest at the prescribed rate shall be a charge on any policy moneys coming to the hands of the board on such surrender.

The board may at any time in its discretion pay from such reserve account any amount which it deems to be in excess of its requirements for the above purposes to its management account.

s 4A: Ins 1935 No 24, sec 3 (1) (b). Am 1975 No 101, Sch 1 (1).

Optional further units

5 Optional further units

A permanent servant of a council who has not attained the age of fifty-five years and—

(a) who before the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959 has effected a policy of insurance under section 4, may, if such policy is still subsisting, within six months after such commencement or thereafter at such times as may be prescribed, or

(b) who after the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959 effects a policy of insurance under section 4 may, upon effecting such policy or thereafter at such times as may be prescribed,

effect one or more optional cover units of insurance of two hundred dollars each, but so that the total of the compulsory and optional cover (including in a case to which paragraph (a) applies any optional cover effected before such commencement) so effected shall not exceed twelve thousand dollars.

Application for such optional units shall be made in such manner as may be prescribed.

Any permanent servant who has effected insurance through the board under section 4 may request the board to accept any existing policy of insurance on his life in lieu of taking out further optional units as provided in this section.

The board may if it sees fit accept such policy provided it is satisfied that such policy to be handed to the board for its acceptance is the equivalent of the optional units of cover applied for, and the provisions of this section shall thereafter apply with respect to such policy as if the permanent servant concerned had taken out optional units as provided.

The council’s quota payable as hereinafter defined, in respect of such policy or policies, shall not in any such case be calculated on the premium or premiums actually payable on such policy or policies, but shall be calculated on the rate of premium which would have been payable if a new policy were effected for the optional units of cover applied for at the then age of such permanent servant.

s 5: Am 1935 No 24, sec 3 (1) (c); 1948 No 33, sec 2 (c); 1954 No 41, sec 2 (a); 1959 No 2, sec 2 (1) (c).

Payment of premiums

6 Payment of premiums

(1) Where a permanent servant of a council effects a policy of insurance in accordance with the foregoing provisions of this Act—

(a) the board shall pay the premiums to the insurance company concerned, and the council for the time being employing him shall make contributions to the board equal to those premiums,

(b) contributions payable under paragraph (a) by a council shall, in respect of any period commencing on or after 1 April 1977, be calculated on a monthly basis, and the contributions payable in respect of a month shall be paid to the board within 7 days after the last day of the month to which they relate,

(c) contributions payable under paragraph (a) by a council in respect of a person who was a permanent servant of the council for a part, but not the whole, of a month are payable only for that part of the month during which he was a permanent servant of the council, and, for the purposes of this paragraph, contributions shall be calculated on a daily basis,

(d) the board may in any particular case charge interest at a rate to be prescribed calculated on a daily basis on any contribution not paid within the period prescribed by this Part.

Such interest shall be recoverable by the board in the same way in which premiums are recoverable.

Such interest shall not be chargeable by the council against any permanent servant,

(e) the board may in the case of any permanent servant whom it deems and while it deems such permanent servant to be only temporarily out of employment pay any premiums payable for the purpose of retaining any existing insurance of such permanent servant, if such permanent servant shall so request.

In such case interest shall be payable by such permanent servant upon all moneys paid by the board, calculated at the rate to be prescribed.

All such moneys and interest shall be recoverable by the board from such permanent servant in the same manner as any moneys payable by a council to the board hereunder.

All such moneys may be paid by the board and until repayment shall with the interest thereon be a charge upon the policy and all moneys to be received thereunder.

The board may include any moneys payable to it under this paragraph in any notice for payment of contribution sent by it to any council in whose employment such permanent servant may be thereafter and the same shall be deducted by it as prescribed from any salary or other moneys payable by the council to the said servant and paid to the board.

(2) Every permanent servant of a council in respect of whom the council shall have paid any such contribution shall be liable to the council for so much thereof as shall remain after deducting the council’s quota calculated as hereinafter provided.

The council may deduct such residue or any part thereof from any sum which may be or may become due by the council to such permanent servant by way of salary or otherwise by periodical instalments as prescribed.

The council may sue for and recover any balance due by any permanent servant in respect of contributions paid by the council under this section which it may not have recovered by deductions from salary or otherwise as aforesaid.

(3) (Repealed)

(4) The council’s quota of the contribution payable in respect of the compulsory cover provided for in section 4 and of the contribution payable in respect of the optional cover units provided for in section 5 shall be one moiety of each such contribution—

Provided that where optional cover units have been effected before the commencement of the Local Government (Superannuation) Amendment Act 1940 or where optional cover units in respect of which application has been made to the board before such commencement are effected after such commencement the council’s quota for the contribution payable in respect thereof shall be a proportion of that contribution corresponding to the ratio that the past service factor bears to the total service factor.

(4A) (Repealed)

(5) The board shall pay the amounts received by it for premiums into a special account with a bank, building society or credit union to be called “The Local Government (Servants) Insurance Account”.

From such account the board shall pay the premiums on the policies of insurance effected under section 4.

Cheques drawn on this account by the board shall be signed as prescribed.

(6) In subsection (1), month has the meaning ascribed to that expression by section 15AL.

s 6: Am 1935 No 24, sec 3 (1) (d); 1940 No 49, sec 3 (a); 1959 No 2, sec 2 (1) (d); 1977 No 46, Sch 3 (2); 1996 No 24, Sch 1.58 [1].

Part 3

Provident Fund provisions

Part 3 Provident Fund provisions

Exemption

7 Exemption

(1) Every permanent servant of a council who at the commencement of this Act or at the date upon which the provisions of this Act are applied to him or at the date of his appointment (as the case may be)—

(a) has attained the age of fifty-five years, or

(b) having attained the age of fifty years elects within such time and in such manner as may be prescribed to contribute to the Provident Fund, or

(c) being under the age of fifty-five years duly applies through the board to an insurance company for a policy of insurance under section 4 and—

(i) is refused by such insurance company, or

(ii) is informed that such insurance company will not accept the risk except upon the condition of his being charged a premium in respect of such policy at the rate charged by such insurance company for an age seven years or more greater than his actual age, or

(iii) is informed that such insurance company will not accept the risk except upon the condition of his being charged a premium in respect of such policy at the rate charged by such insurance company for an age three or more years greater but not exceeding six years greater than his actual age, and who elects within such time and in such manner as may be prescribed to contribute to the Provident Fund,

shall be exempted from the obligation to effect insurance under section 4.

(2) Paragraph (b) of subsection (1) (as amended by the Local Government (Superannuation) Amendment Act 1935), shall not be construed to extend to any case of a permanent servant who prior to the commencement of that Act had attained the age of fifty years and prior to such commencement has arranged with the board to insure or has effected insurance pursuant to section 4.

s 7: Am 1935 No 24, sec 4 (a); 1940 No 49, sec 2 (c); 1948 No 33, sec 2 (d); 1975 No 101, Sch 5 (5).

Election to insure under sec 4

7A Election to insure under sec 4

(1) Where a permanent servant is, in accordance with the provisions of subparagraph (i) or (ii) of paragraph (c) of subsection (1) of section 7, exempted from the obligation to effect insurance under section 4 and is subsequently informed by an insurance company that such insurance company will accept the risk and that the premium charged in respect of the policy will not exceed the rate charged by such insurance company for an age six years greater than his actual age, such servant may elect, in the manner prescribed, to discontinue his contributions to the Provident Fund.

(2) Where a permanent servant so elects to discontinue his contributions to the Provident Fund, he shall, within such time as may be prescribed, effect insurance under section 4.

(3) Upon such insurance being effected by the permanent servant—

(a) the provisions of subsections (1) and (2) of section 13 shall cease to apply to or in respect of such permanent servant, and

(b) there shall be refunded to the council which has made the contribution to the Provident Fund required by subsection (1) of section 13 in respect of such permanent servant for the year current at the date upon which such insurance is effected such proportion of that contribution as shall be attributable to the portion of that year which is unexpired at such date.

(4) Notwithstanding the provisions of section 15, the board may, with the consent of a permanent servant who has elected under this section to effect insurance under section 4, apply moneys standing to the credit of such permanent servant in the Provident Fund in payment of his proportion of any premiums on insurance effected by him under Part 2.

s 7A: Ins 1940 No 49, sec 3 (b). Am 1948 No 33, sec 2 (e); 1975 No 101, Sch 5 (6).

Certain servants insured under Part 2 may contribute to Provident Fund

7B Certain servants insured under Part 2 may contribute to Provident Fund

(1) A permanent servant who is insured under the provisions of section 4 and has attained the age of fifty years but is under the age of fifty-five years may, in lieu of effecting additional insurance in accordance with section 4 or 5, request, in the prescribed manner, that contributions be made to the Provident Fund on his behalf in respect of any number of additional cover units of insurance of two hundred dollars each for which he is eligible.

(2) A permanent servant who is insured under the provisions of section 4 and is under the age of fifty years and has applied through the board to an insurance company for an additional policy of insurance under section 4 or 5 and such application has been refused by such insurance company or has been informed that such insurance company will not accept the risk except upon the condition of his being charged a premium in respect of such policy at the rate charged by such insurance company for an age three years or more greater than his actual age, may, in lieu of effecting such additional insurance, request, in the prescribed manner, that contributions be made to the Provident Fund on his behalf in respect of any number of additional cover units of insurance of two hundred dollars each for which he would have been eligible if there had not been such a refusal or loading.

s 7B: Ins 1954 No 41, sec 2 (b). Am 1959 No 2, sec 2 (1) (e); 1975 No 101, Sch 5 (6).

Additional contributions to Provident Fund

7C Additional contributions to Provident Fund

(1) A permanent servant who at the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959 has attained the age of fifty-five years and is insured under the provisions of section 4 or sections 4 and 5 or is a permanent servant in respect of whom contributions are made to the Provident Fund or is so insured and is a permanent servant in respect of whom contributions are made as aforesaid may, within six months after such commencement or thereafter at such times as may be prescribed, request, in the prescribed manner, that contributions or additional contributions be made annually to the Provident Fund on his behalf of an amount which does not exceed—

(a) the difference between—

(i) any premium payable in respect of any such insurance and annual contribution made to the Provident Fund in respect of him, and

(ii) forty per centum of his salary for the time being, or

(b) eight hundred and sixty dollars,

whichever is the lesser.

(2) A permanent servant who by virtue of the operation of paragraph (c) of subsection (1) of section 7 is exempted from the obligation to effect insurance under section 4 may request, in the prescribed manner, that contributions be made to the Provident Fund on his behalf in respect of any number of units of or additional cover units of insurance of two hundred dollars each for which he would have been eligible if he had not been so exempted.

Any request under this subsection shall—

(a) in the case of a permanent servant who is at the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959 exempted from the obligation to effect insurance under section 4, be made within six months after such commencement or thereafter at such times as may be prescribed,

(b) in the case of a permanent servant who after such commencement becomes so exempted, be made within six months after the date upon which the provisions of this Act are applied to him or the date of his appointment, as the case may be, or thereafter at such times as may be prescribed.

(3) Any permanent servant—

(a) to whom the provisions of this Act are applied, or who is appointed as such, after the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959 and who is exempted from the obligation to effect insurance under section 4 by virtue of the operation of paragraph (a) of subsection (1) of section 7, or

(b) who is exempted from the obligation to effect insurance under section 4 by virtue of the operation of paragraph (b) of subsection (1) of section 7, or

(c) who being a female to whom the provisions of this Part apply by virtue of the operation of section 17F,

may request, in the prescribed manner, that additional annual contributions be made to the Provident Fund on his or her behalf of an amount which does not exceed—

(d) the difference between the annual contribution to the Provident Fund payable otherwise than pursuant to this subsection in respect of such permanent servant and fifteen per centum of such permanent servant’s salary for the time being, or

(e) eight hundred and sixty dollars,

whichever is the lesser.

Paragraph (b) shall not apply to and in respect of a permanent servant who may request that additional contributions be made annually to the Provident Fund on his behalf pursuant to subsection (1).

Any request by a permanent servant pursuant to paragraph (a) shall be made within six months after the date upon which the provisions of this Act are applied to him or the date of his appointment, as the case may be, or thereafter at such times as may be prescribed.

Any request by a permanent servant pursuant to paragraph (b) or (c) shall—

(i) if such permanent servant is exempted as referred to in the said paragraph (b), or is a permanent servant to whom the provisions of this Part apply as referred to in the said paragraph (c), at the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1959, be made within six months after such commencement or thereafter at such times as may be prescribed, or

(ii) if such permanent servant becomes so exempted or a permanent servant to whom the provisions of this Part so apply after such commencement, be made within six months after the date upon which the provisions of this Act are applied to him or her or the date of his or her appointment, as the case may be, or thereafter at such times as may be prescribed.

s 7C: Ins 1959 No 2, sec 2 (1) (f). Am 1975 No 101, Sch 5 (6); 2002 No 53, Sch 2.19.

Local Government Provident Fund

8 Local Government Provident Fund

(1) There shall be established a “Local Government Provident Fund” into which shall be paid the contributions and out of which shall be paid the gratuities provided for in this Part.

(2) Interest derived from the investment of the Provident Fund shall form part thereof.

(3) The income of the Provident Fund shall not be subject to taxation.

s 8: Am 1975 No 101, Sch 5 (6).

9

9, 10 (Repealed)

Cheques

11 Cheques

Cheques drawn on any account in any bank, building society or credit union shall be signed as prescribed.

s 11: Am 1996 No 24, Sch 1.58 [2].

12

12 (Repealed)

Contribution by councils in certain cases

13 Contribution by councils in certain cases

(1) Every council which at or after the commencement of this Act employs a permanent servant who is exempted from the obligations of section 4 or who has requested in pursuance of section 7B or 7C that contributions be made to the Provident Fund on his behalf shall make annual contributions to the Provident Fund in respect of such permanent servant at or within such time or times as may be prescribed—

Provided that every permanent servant whose application for insurance in accordance with Part 2 has resulted in such permanent servant being deferred, refused insurance, or required to pay a loading in excess of that referred to in subparagraph (ii) of paragraph (c) of subsection (1) of section 7 either in respect of compulsory or optional units of cover shall be deemed for the purpose of this Part to be exempted from the obligation under section 4 with regard to such part of the compulsory units of cover as are affected by such deferment, refusal or loading. The contribution of the council and of the permanent servant under this Part shall in such cases but in respect of such part only be the same as it would have been under Part 2 in respect of both compulsory and optional insurance cover if there had not been such deferment, refusal or loading.

(1A) The board may in any particular case charge interest at a rate to be prescribed calculated on a daily basis on any contribution payable by a council which is not paid at or within the time or times at or within which it is required by this Act to be paid.

Such interest shall be recoverable by the board in the same way in which contributions are recoverable.

Such interest shall not be chargeable by the council against any permanent servant.

(2) Every council which makes any such contribution as aforesaid shall be entitled to receive and recover from the permanent servant in respect of whom such contribution shall have been made one moiety thereof, and shall be at liberty to deduct, by periodical instalments as prescribed, the same or any part thereof from any sum or sums which may be or become due by the council to such permanent servant by way of salary or otherwise.

(3) The annual contributions to be made under this section shall subject to the provisions of subsections (1), (3A) and (3B) be of such an amount as would, if paid at the beginning of each year and accumulated at compound interest after the rate of five per centum per annum, produce a sum which would, if and when such permanent servant reached the retiring age mentioned in section 14, be equal to one-twentieth part of such permanent servant’s salary at the commencement of this Act, or at the date upon which the provisions of this Act are applied to him or upon his appointment to the council’s service (as the case may be), for each year of service which such permanent servant would have to his credit if he remained in the service of the council until he reached such retiring age, but so as not to include more than twenty years’ service prior to the commencement of this Act or the date upon which the provisions of this Act are applied to him (as the case may be)—

Provided always that—

(a) in no case shall any annual contribution payable under this subsection be less than seven per centum of the salary for the time being of such permanent servant.

(b) (Repealed)

(3A)

(a) Where the salary of a permanent servant is increased subsequently to the first assessment of contribution made in respect of such permanent servant under subsection (3) the contribution payable by the council in respect of such permanent servant shall be adjusted to the basis of the increased salary—

Provided that this provision shall not apply to any increases less in the aggregate than forty dollars in excess of the last salary basis of assessment in respect of such permanent servant.

(b) Such adjustment shall only apply as from the commencement of the next succeeding contribution period following that during which the increase or increases took effect.

(c) Any permanent servant who has attained the age of fifty years and whose salary is increased may, in such manner and within such time as may be prescribed, elect that the provisions of paragraph (a) shall not apply in respect of such increase and thereafter such provisions shall not apply to or in respect of such permanent servant.

(3B) The annual contributions to be made under this section in respect of a permanent servant who has made a request under and in accordance with section 7B shall be an amount equivalent to the premium payable if a new policy were effected under Part 2, at the age of the permanent servant at the time of making such request, for an amount equivalent to the number of cover units specified in his request.

The annual contributions to be made under this section in respect of a permanent servant who has made a request under and in accordance with section 7C shall be an amount equivalent to the total of the amount specified in his request and the amount (if any) payable in respect of him under subsection (3).

(3C) The contributions payable under this section shall cease to be payable when such permanent servant ceases to be employed by a council or reaches the retiring age mentioned in section 14 or dies, whichever event first happens.

(4) All amounts received in respect of contributions under this part of the system shall be recorded to credit of a separate account for each permanent servant, and at the end of each year the board shall credit the account of each participating permanent servant with interest at a rate determined by the board.

(5) (Repealed)

(6) This section has effect subject to section 13AA.

s 13: Am 1935 No 24, sec 4 (b); 1940 No 49, sec 2 (d); 1948 No 33, sec 2 (f); 1954 No 41, sec 2 (c); 1959 No 2, sec 2 (1) (g); 1975 No 101, Sch 5 (6); 1977 No 46, Sch 3 (3).

13AA

Payment of contributions after 1 April 1977

13AA Payment of contributions after 1 April 1977

(1) Notwithstanding anything in section 13—

(a) contributions payable under that section shall, in respect of any period commencing on or after 1 April 1977, be calculated on a monthly basis, and the contributions payable in respect of a month shall be paid to the board within 7 days after the last day of the month to which they relate, and

(b) contributions payable under that section by a council in respect of a person who was a permanent servant of that council for a part, but not the whole, of a month are payable only for that part of the month during which he was a permanent servant of that council, and, for the purposes of this paragraph, contributions shall be calculated on a daily basis.

(2) In this section, month has the meaning ascribed to that expression by section 15AL.

s 13AA: Ins 1977 No 46, Sch 3 (4).

13A

Provident Fund investment reserve

13A Provident Fund investment reserve

(1) The board may transfer such amount as it may deem necessary from the interest earned in any year on investments of the Provident Fund moneys and any discounts received in such year in connection with the purchase of or profit made on the sale of any security or premium paid or allowed in connection with the conversion of any security to Australian Consolidated securities, to a reserve account for the purpose of providing for the adjustment of the difference (if any) between the cost price and selling price on realisation of any investment of the Provident Fund moneys made by the board pursuant to this Act.

(2) Interest derived from the investment of the reserve account shall form part thereof.

(3) The board may at its discretion at any time—

(a) utilise such reserve or any part thereof for the purpose for which the reserve account was established,

(b) allocate out of any surplus moneys in such reserve account which it may consider to be in excess of its requirements for the purpose aforesaid such amount as it deems to be expedient to the credit of the interest earnings of the fund in respect of any year. Such amount when so transferred shall be deemed to be interest on the investments earned during such year,

(c) transfer out of the account to the Management Account such amounts as the board thinks fit towards the management expenses of the board, and

(d) allocate out of such account such amount as it may deem desirable and transfer such amount to the Contingent Account.

(4) The board may borrow to the extent of the moneys of the Provident Fund invested in securities for the purpose of providing cash with which to meet claims on the Provident Fund which may require to be met before realisation of such securities and any interest payable on such borrowings shall be paid out of the reserve account provided for by this section.

(5) (Repealed)

s 13A: Ins 1935 No 24, sec 4 (c). Am 1959 No 2, sec 2 (1) (h); 1975 No 101, Schs 1 (4), 5 (6) (9); 1983 No 104, Sch 1 (3).

Retiring age

14 Retiring age

(1) For the purposes of this Part the retiring age of a permanent servant shall be the age of sixty-five years—

Provided that where a permanent servant is over the age of fifty-five years at the commencement of this Act or at the date upon which the provisions of this Act are applied to him or at the date of his appointment (as the case may be) his retiring age shall be one year in excess of sixty-five years for each completed period of two years by which his age at the commencement of this Act or at the date upon which the provisions of this Act are applied to him or at the date of his appointment (as the case may be) is in excess of fifty-five years—

Provided that the date of retirement of any servant shall be not less than four years from the date of commencement of this Act or the date upon which the provisions of this Act are applied to him or the date of his appointment (as the case may be)—

Provided further that the retiring date for the purposes of this Part shall be the anniversary date, following his sixty-fifth birthday or such subsequent birthday fixed as his retiring age as aforesaid, of the commencement of the period covered by the first contribution paid to the board as provided in section 13 at the rate payable in respect of him in the last continuous period of his employment with a council.

(2) Notwithstanding anything contained in subsection (1) the retiring age of a permanent servant who is a veterinary inspector shall not be later than the anniversary date, following his sixty-fifth birthday, of the commencement of the period covered by the first contribution paid to the board as provided in section 13, at the rate payable in respect of him in the last continuous period of his employment with a pastures protection board.

Where a permanent servant who is a veterinary inspector is over the age of sixty-five years at the commencement of the Local Government (Superannuation) Amendment Act 1940, his retiring age shall be the age reached by him at the expiration of three months after such commencement, and no contribution shall be made under this Act in respect of any such permanent servant.

(3) Notwithstanding anything contained in subsection (1) the retiring age of a servant (other than a veterinary inspector) of a pastures protection board to whom this Act is applied shall not be later than the anniversary date, following his sixty-fifth birthday, of the commencement of the period covered by the first contribution paid to the board as provided in section 13, at the rate payable in respect of him in the last continuous period of his employment with a pastures protection board.

Where a servant (other than a veterinary inspector) of a pastures protection board is over the age of sixty-five years at the date this Act is applied to him his retiring age shall be the age reached by him at the expiration of three months after such date, and no contribution shall be made under this Act in respect of any such servant.

(4) Notwithstanding anything contained in subsection (1) the retiring age of a person who becomes a permanent servant on or after the appointed day referred to in Part 3B shall be the age of sixty-five years.

s 14: Am 1935 No 24, sec 4 (d); 1940 No 49, sec 2 (e); 1948 No 33, sec 2 (g); 1968 No 6, sec 2 (b); 1975 No 101, Sch 5 (10).

Payment on retirement or death

15 Payment on retirement or death

(1) Where a permanent servant of a council in respect of whom any contribution or contributions shall have been made to the Provident Fund under the foregoing provisions of this Act ceases to be employed by a council or dies, such permanent servant or his personal representatives (as the case may be) shall be entitled to receive from and out of the Provident Fund such amount as the board shall certify to be at the credit of such servant’s account kept in accordance with section 13.

(1A) Where a permanent servant to whom the provisions of this Act apply ceases to be employed by any council or dies the board may include in the amount it certifies to be at the credit of such permanent servant’s account in the Provident Fund under this section interest calculated from the date interest was last credited to his account as provided in subsection (4) of section 13 up to the end of the month next preceding that during which such certificate is issued, at a rate per annum not exceeding one per centum less than the rate of interest last credited to his account.

(2) Every certificate given by the board under this section shall be final and conclusive.

(3) No gratuity provided for under this section shall be in any way assigned or charged or passed by operation of law to any person other than the permanent servant entitled thereto or his personal representatives (as the case may be), nor shall any gratuity payable on the death of any permanent servant be assets for the payment of his debts or liabilities.

s 15: Am 1935 No 24, sec 4 (e); 1975 No 101, Sch 5 (6) (9); 1982 No 27, Sch 1 (2).

15A

Power of the board to purchase annuity etc out of a gratuity payable from the Provident Fund

15A Power of the board to purchase annuity etc out of a gratuity payable from the Provident Fund

Whenever an amount is payable under section 15 to a permanent servant or to the servant’s personal representatives, the board must, if directed to do so by the servant or those personal representatives, apply the amount, or such part of it as is specified by the servant or those personal representatives, in purchasing for the servant or, as the case may be, for the beneficiaries of the servant’s estate a right to an annuity or other form of pension from a person nominated by the servant or those personal representatives.

s 15A: Ins 1935 No 24, sec 4 (f). Am 1948 No 33, sec 2 (h); 1959 No 2, sec 2 (1) (i). Rep 1968 No 6, sec 2 (c). Ins 1989 No 229, Sch 1.

Part 3A

Voluntary savings

Part 3A Voluntary savings

pt 3A: Ins 1959 No 2, sec 2 (1) (j).

15B

Additional payments to Provident Fund

15B Additional payments to Provident Fund

(1) A permanent servant or contributor to the Pension Fund may authorise the council by which he is employed to pay to the board on his behalf any sum of money payable to him by the council.

(2) A permanent servant or contributor to the Pension Fund may pay directly to the board any sum of money.

s 15B: Ins 1959 No 2, sec 2 (1) (j). Am 1977 No 46, Sch 4 (1).

15C

Moneys part of Provident Fund

15C Moneys part of Provident Fund

(1) Any moneys paid to the board by or on the authorisation of a permanent servant (other than a contributor to the Pension Fund) under this Part shall be paid into the Provident Fund and shall, subject to the provisions of this Part, be deemed to be moneys payable into the Provident Fund under Part 3 and shall be dealt with by the board accordingly.

(2) Any moneys paid to the board by or on the authorisation of a contributor to the Pension Fund under this Part shall be paid into the Pension Fund and shall, subject to the provisions of this Part, be deemed to be moneys payable into the Pension Fund under Part 3D and shall be dealt with by the board accordingly.

(3) Any moneys paid to the Pension Fund under this Part shall be disregarded in determining benefits payable under Part 3D.

s 15C: Ins 1959 No 2, sec 2 (1) (j). Am 1975 No 101, Sch 5 (6); 1977 No 46, Sch 4 (2).

15D

Rate of interest allowed

15D Rate of interest allowed

Any moneys paid to the Provident Fund or the Pension Fund by, or by authorisation of, a person under this Part shall be credited to that person and shall accumulate at such rate of interest, compounded annually, as may from time to time be determined by the board.

s 15D: Ins 1959 No 2, sec 2 (1) (j). Am 1975 No 101, Sch 5 (6); 1977 No 46, Sch 4 (3).

15E

Money withdrawable at any time

15E Money withdrawable at any time

A person may, on notice satisfactory to the board, withdraw from the Provident Fund or Pension Fund the whole amount standing to his credit therein under this Part (both principal and interest) or any portion thereof.

s 15E: Ins 1959 No 2, sec 2 (1) (j). Am 1975 No 101, Sch 5 (6); 1977 No 46, Sch 4 (4).

15F

Power to close accounts

15F Power to close accounts

The board may—

(a) refuse to accept from any council any payment made by it on behalf of any person pursuant to subsection (1) of section 15B,

(b) refuse to accept from a person any direct payment pursuant to subsection (2) of the same section.

In any such case there shall be paid to the person concerned the whole amount standing to his credit in the Provident Fund or Pension Fund under this Part (both principal and interest).

s 15F: Ins 1959 No 2, sec 2 (1) (j). Am 1975 No 101, Sch 5 (6); 1977 No 46, Sch 4 (5).

15G

Payment of moneys from Provident Fund or Pension Fund on retirement or death of permanent servant

15G Payment of moneys from Provident Fund or Pension Fund on retirement or death of permanent servant

Where a person to whose credit there is standing any amount in the Provident Fund or Pension Fund under this Part ceases to be employed by a council or dies that person or his personal representative (as the case may be) shall be entitled to receive from and out of the Provident Fund or Pension Fund the amount standing to the credit of that person as aforesaid.

s 15G: Ins 1959 No 2, sec 2 (1) (j). Am 1975 No 101, Sch 5 (6); 1977 No 46, Sch 4 (6).

Part 3B

Superannuation benefits provisions

Part 3B Superannuation benefits provisions

pt 3B: Ins 1968 No 6, sec 2 (d).

15H

Definitions

15H Definitions

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

Additional death benefits, in relation to a contributor, means the additional amount payable under section 15W to the personal representative of that contributor on his death.

Additional disablement benefits, in relation to a contributor, means the amount payable under paragraph (b) of subsection (1) of section 15X to that contributor.

Appointed day means the day appointed by the Governor pursuant to subsection (3) of section 1 of the Local Government and Other Authorities (Superannuation) Amendment Act 1968.

Contributor means a person who, under subsection (2) of section 15J, subsection (4) of section 15K or subsection (7) of section 15L, has become a contributor and continues to be a permanent servant who has not attained the age of sixty-five years.

Current insurance policy, in relation to a person, means an insurance policy in force in respect of that person that was effected by that person or accepted by the board under Part 2 and that is kept in force by the payment of the premiums thereon under section 6.

Election period means the period of six months commencing on and including a day appointed by the board for the purposes of this definition and notified in the Gazette.

Superannuation year means the period that commences on the first day of April in any year and ends on the thirty-first day of March in the next following year.

(2) Only one day may be appointed by the board for the purposes of the definition of Election period in subsection (1).

s 15H: Ins 1968 No 6, sec 2 (d). Am 1975 No 101, Schs 2 (1), 5 (11).

15I

Non-application of Parts 2 and 3

15I Non-application of Parts 2 and 3

Parts 2 and 3 do not apply to or in respect of a person referred to in subsection (1) of section 15J (not being a person whose application to be exempted from coming under the provisions of this Part has been approved under subsection (7) of that section) or a contributor.

s 15I: Ins 1968 No 6, sec 2 (d).

15J

Servants who become permanent after appointed day

15J Servants who become permanent after appointed day

(1) A person—

(a) who—

(i) on the appointed day is not but is subsequently employed by a council, or

(ii) on the appointed day is employed by a council and on or after that day ceases to be so employed but is subsequently employed by the same or another council,

and when so subsequently employed is a permanent servant, or

(b) who otherwise becomes a permanent servant on or after the appointed day,

and who has not attained the age of sixty-five years shall, within the prescribed time after he was so subsequently employed or otherwise became a permanent servant, furnish to the board, in a form approved by the board, such details of his medical and personal history as are provided for in that form.

(2) A person referred to in subsection (1) becomes a contributor on the first day of the month next following the day on which he furnishes details as required by that subsection or, where he fails to furnish details as required by that subsection, on such day as the board may by resolution fix.

(3) The board may by notice in writing require any person referred to in subsection (1) to submit himself for such medical examination or examinations as the board may determine.

(4) The board shall consider the medical and personal history of the servant submitted by him and the results of any medical examination referred to in subsection (3) and shall determine whether or not the permanent servant is qualified for additional death benefits and additional disablement benefits.

(5) Until the board has made a determination under subsection (4) that a permanent servant is qualified for additional death benefits and additional disablement benefits, that servant shall not be so qualified.

(6) A person referred to in subsection (1) may, if—

(a) he is the holder of a current insurance policy, or

(b) there is any amount standing to his credit in the Provident Fund,

apply to the board within the prescribed time referred to in that subsection to be exempted from coming under the provisions of this Part.

(7) The board may, if it thinks fit, approve of the application, and, where the applicant is the holder of a current insurance policy, may so approve subject to such conditions (which shall have effect notwithstanding any other provision of this Act and shall be binding on the council concerned and the applicant) with respect to the apportionment of premiums payable in respect of the policy and the acceptance of the policy by the board for the purposes of Part 2 as the board thinks fit.

s 15J: Ins 1968 No 6, sec 2 (d). Am 1975 No 101, Sch 5 (6).

15K

Election by policy holders to come under this Part

15K Election by policy holders to come under this Part

(1) Within a period of twelve months after the appointed day or within such further period as the Governor may, by proclamation published in the Gazette before the expiration of that period of twelve months, allow, a permanent servant who is the holder of a current insurance policy may in a form approved by the board—

(a) apply to surrender or to have cancelled all current insurance policies in his name and direct payment to the board of any moneys payable in respect of the surrender or cancellation,

(b) if he has any amount standing to his credit in the Provident Fund apply to have that amount transferred to the Benefits Fund for credit to his servant’s account, and

(c) elect to come under the provisions of this Part.

(1A) Within the election period, a permanent servant who is the holder of a current insurance policy may in a form approved by the board—

(a) apply to surrender or to have cancelled all current insurance policies in his name and direct payment to the board of any moneys payable in respect of the surrender or cancellation,

(b) if he has any amount standing to his credit in the Provident Fund apply to have that amount transferred to the Benefits Fund for credit to his servant’s account, and

(c) elect to come under the provisions of this Part.

(2) Subsections (1) and (1A) do not apply to a permanent servant who has at any time been exempted from the obligation to effect insurance under section 4 by virtue of paragraph (c) of subsection (1) of section 7, unless he has subsequently been informed that an insurance company will accept the risk of that insurance as mentioned in subsection (1) of section 7A.

(3) Where a person referred to in subsection (1) or (1A) becomes a contributor, the board shall upon his becoming a contributor—

(a) cause the insurance policies to be surrendered or cancelled,

(b) pay the proceeds of the surrender or cancellation to the Benefits Fund,

(c) transfer any amount standing to that person’s credit in the Provident Fund to the Benefits Fund, and

(d) credit the amounts paid or transferred under paragraph (b) or (c) to that person’s servant’s account in the Benefits Fund.

(4) A person who makes an application and election under subsection (1) becomes a contributor—

(a) where the application and election are lodged with the board on or after the first day of March and before the first day of September in any year—on the first day of October in that year, and

(b) where the application and election are lodged with the board on or after the first day of September in any year and before the first day of March in the next following year—on the first day of April in the lastmentioned year,

and shall upon that day be qualified for additional death benefits and additional disablement benefits.

(5) A person who makes an application and election under subsection (1A) becomes a contributor on a day determined by the board and shall upon that day be qualified for additional death benefits and additional disablement benefits.

s 15K: Ins 1968 No 6, sec 2 (d). Am 1975 No 101, Schs 2 (2), 5 (8).

15L

Applications by contributors to Provident Fund and others to come under this Part

15L Applications by contributors to Provident Fund and others to come under this Part

(1) Within a period of twelve months after the appointed day or within such further period as the Governor may, by proclamation published in the Gazette before the expiration of that period of twelve months, allow, a permanent servant (not being a permanent servant entitled to make an application and election under section 15K), in respect of whom contributions are, when he makes the application referred to in this subsection, being made under Part 3 to the Provident Fund, and who has not attained the age of sixty-five years, may, in a form approved by the board—

(a) apply to have transferred to the Benefits Fund for credit to his servant’s account the amount standing to his credit in the Provident Fund,

(b) if he is the holder of any current insurance policies, apply to surrender or to have cancelled those insurance policies and direct payment to the board of any moneys payable in respect of the surrender or cancellation, and

(c) apply to come under the provisions of this Part.

(2) A servant of a council who, immediately before the appointed day, was, and has since continued to be, a permanent servant may, if he has not attained the age of sixty-five years, in a form approved by the board, apply to come under the provisions of this Part if, when he makes the application, he is not the holder of a current insurance policy and is not a person in respect of whom contributions to the Provident Fund are being paid.

(2A) Within the election period, a permanent servant (not being a permanent servant entitled to make an application and election under section 15K (1A)), in respect of whom contributions are, when he makes the application referred to in this subsection, being made under Part 3 to the Provident Fund, and who has not attained the age of sixty-five years, may, in a form approved by the board—

(a) apply to have transferred to the Benefits Fund for credit to his servant’s account the amount standing to his credit in the Provident Fund,

(b) if he is the holder of any current insurance policies, apply to surrender or to have cancelled those insurance policies and direct payment to the board of any moneys payable in respect of the surrender or cancellation, and

(c) apply to come under the provisions of this Part.

(3) An applicant under subsection (1), (2) or (2A) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(4) The board may by notice in writing require any such applicant to submit himself for such medical examination or examinations as the board may determine.

(5) The board shall consider any details of the medical and personal history of the applicant submitted by him and the results of any medical examination referred to in subsection (4) and shall, as it thinks fit—

(a) decide that the applicant shall be qualified for additional death benefits and additional disablement benefits, or

(b) approve of the application subject to the condition that the applicant shall not be qualified for additional death benefits and additional disablement benefits.

(6) Where it approves of the application subject to the condition that the applicant shall not be qualified for additional death benefits and additional disablement benefits, the board shall, by notice in writing, inform the applicant of its decision, and if the applicant does not, in writing, and within twenty-one days after the date of the notice, or such further period not exceeding one month as the board may, whether before or after the expiration of that period of twenty-one days, determine, lodge with the board notice of his agreement to the condition, his application to come under the provisions of this Part shall be deemed to have lapsed.

(7) A person in respect of whom a decision is made under paragraph (a) of subsection (5) or who has lodged with the board notice of his agreement referred to in subsection (6) becomes a contributor—

(a) where he is a permanent servant referred to in subsection (1) and the decision was made or notice of his agreement was lodged with the board—

(i) on or after the first day of March and before the first day of September in any year—on the first day of October in that year, or

(ii) on or after the first day of September in any year and before the first day of March in the next following year—on the first day of April in that lastmentioned year,

(b) where he is a permanent servant referred to in subsection (2)—on the first day of the month next following the day on which the decision was made or notice of his agreement was lodged with the board, as the case may be, or

(c) where he is a permanent servant referred to in subsection (2A)—on a day determined by the board,

and, in the case of a person in respect of whom such a decision was made, shall on the day on which he becomes a contributor be qualified for additional death benefits and additional disablement benefits.

(8) Where the board makes a decision referred to in paragraph (b) of subsection (5) in relation to a servant of a council and the servant becomes a contributor, he shall not be qualified for additional death benefits and additional disablement benefits.

(9) Where a person referred to in subsection (1) or (2A) becomes a contributor, the board shall upon his becoming a contributor—

(a) transfer the amount standing to that person’s credit in the Provident Fund to the Benefits Fund,

(b) cause any insurance policies referred to in subsection (1) (b) or (2A) (b) to be surrendered or cancelled,

(c) pay the proceeds of the surrender or cancellation to the Benefits Fund, and

(d) credit the amounts transferred or paid under paragraph (a) or (c) to that person’s servant’s account in the Benefits Fund.

(10) Where an application is made by a servant of a council under subsection (2), the operation of the provisions of Parts 2 and 3 in relation to that servant is suspended—

(a) where the board makes a decision referred to in paragraph (a) of subsection (5) in relation to that servant, until he becomes a contributor, or

(b) where the board makes a decision referred to in paragraph (b) of that subsection in relation to that servant, until—

(i) he becomes a contributor,

(ii) he lodges with the board notice of his refusal to agree to the condition imposed by the board, or

(iii) the expiration of one month after the period of twenty-one days referred to in subsection (6),

whichever first occurs.

(11) A servant shall not, except with the approval of the board, be entitled to make more than one application under each of subsections (1), (2) and (2A).

s 15L: Ins 1968 No 6, sec 2 (d). Am 1975 No 101, Schs 2 (3) (am 1977 No 46, Sch 7), 5 (8) (12).

15M

Applications to be qualified for additional death benefits and additional disablement benefits

15M Applications to be qualified for additional death benefits and additional disablement benefits

(1) A contributor who is not qualified for additional death benefits and additional disablement benefits may, in a form approved by the board, apply to the board to become qualified for those benefits.

(2) An applicant under subsection (1) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(3) The board may by notice in writing require any such applicant to submit himself for such medical examination or examinations as the board may determine.

(4) The board shall consider the medical and personal history of the applicant submitted by him and the results of any medical examination referred to in subsection (3) and, if it approves of the application, the contributor shall be qualified for additional death benefits and additional disablement benefits as on and from such date, not being earlier than the date of the approval, as may be specified by the board in the approval.

(5) A contributor shall not be entitled to make more than one application under this section in any period of three years.

s 15M: Ins 1968 No 6, sec 2 (d).

15N

Council’s liability for contributors not referred to in sec 15O

15N Council’s liability for contributors not referred to in sec 15O

(1) In respect of every permanent servant of a council who becomes a contributor in any superannuation year otherwise than on the first day of that year, that council shall be liable to pay to the board an amount equal to eight and three-quarters per centum of the salary that would, if he were to continue to receive salary at the rate payable to him by that council at the time he becomes a contributor, be payable to him in respect of the period commencing on the day on which he becomes a contributor and ending on the last day of the superannuation year in which that day occurs or if, during that superannuation year, he would attain the age of sixty-five years, in respect of the period commencing on the day on which he becomes a contributor and ending on the day on which he would attain that age.

(2) Where any amount has been paid or is payable under Part 2 or 3 in respect of a superannuation year by the council in respect of a person referred to in subsection (1), an amount that bears to the amount so paid or payable the same proportion as the number of complete months remaining in that superannuation year after that person became a contributor bears to twelve shall be credited to the council.

(3) Where the amount credited to the council under subsection (2) is greater than the amount of the council’s liability under subsection (1) in respect of the servant, the surplus shall be refunded by the board to the council.

(4) Any amount credited to the council under subsection (2), reduced by any amount refunded to it under subsection (3), shall, for the purposes of section 15R, be deemed to have been paid by the council in respect of the permanent servant concerned.

(5) (Repealed)

(6) This section has effect subject to section 15OA.

s 15N: Ins 1968 No 6, sec 2 (d). Am 1977 No 46, Sch 3 (5).

15O

Council’s liability for contributors not referred to in sec 15N

15O Council’s liability for contributors not referred to in sec 15N

(1) In respect of every permanent servant of a council who on the first day of any superannuation year is a contributor, that council shall be liable to pay to the board an amount equal to eight and three-quarter per centum of the salary that—

(a) if he was a contributor employed by that council on the thirty-first day of December next preceding that first day would, if he were to continue to receive salary at the rate payable to him by that council on that thirty-first day of December, or

(b) if he was not a contributor employed by that council on the thirty-first day of December next preceding that first day would, if he were to continue to receive salary at the rate payable to him by that council on the day on which he became a contributor,

be payable to him in respect of that superannuation year or, if during that superannuation year he would attain the age of sixty-five years, in respect of the period commencing on the first day of that superannuation year and ending on the day on which he would attain that age.

(2) (Repealed)

(3) This section has effect subject to section 15OA.

s 15O: Ins 1968 No 6, sec 2 (d). Am 1977 No 46, Sch 3 (6).

15OA

Payment of contributions after 1 April 1977

15OA Payment of contributions after 1 April 1977

(1) Notwithstanding anything in section 15N or 15O—

(a) contributions payable under those sections shall, in respect of the superannuation year commencing on 1 April 1977 and each succeeding superannuation year, be calculated on a monthly basis, and the contributions payable in respect of a month shall be paid to the board within 7 days after the last day of the month to which they relate, and

(b) contributions payable under those sections by a council in respect of a person who was a permanent servant of that council for a part, but not the whole, of a month of any such superannuation year are payable only for that part of the month during which he was a permanent servant of that council, and, for the purposes of this paragraph, contributions shall be calculated on a daily basis.

(2) In this section, month has the meaning ascribed to that expression by section 15AL.

s 15OA: Ins 1977 No 46, Sch 3 (7).

15P

Interest payable on unpaid liabilities of councils

15P Interest payable on unpaid liabilities of councils

(1) The board may in any particular case charge interest calculated on a daily basis, at a rate to be prescribed, in respect of any amount which is not paid within the period within which it is required by this Part to be paid.

(2) Any interest so charged shall be paid to the board by the council by which the unpaid amount was payable and shall not be chargeable by the council against any permanent servant.

s 15P: Ins 1968 No 6, sec 2 (d). Am 1977 No 46, Sch 3 (8).

15Q

Variations in salary of $100 or less to be disregarded

15Q Variations in salary of $100 or less to be disregarded

Where as at the thirty-first day of December in any year the salary of a permanent servant exceeds or is less than—

(a) where he became a contributor during that year, his salary as at the date on which he became a contributor, or

(b) where he (not being a person referred to in paragraph (a)) was a contributor on the thirty-first day of December next preceding that firstmentioned day, the salary in respect of which the contributions in respect of him were assessed on that lastmentioned day,

but the excess or deficiency does not exceed one hundred dollars, the excess or deficiency shall be disregarded for the purpose of determining the liability of the council under subsection (1) of section 15O but where the excess or deficiency exceeds that amount it shall be taken into account for the purpose of determining that liability.

ss 15Q–15S: Ins 1968 No 6, sec 2 (d).

15R

Servant’s contribution

15R Servant’s contribution

Where a council pays to the board in respect of a permanent servant any amount under section 15N or 15O, it shall be entitled—

(a) to receive and recover from the permanent servant two-fifths of the amount so paid or, where under section 15Z part of any such amount has been credited or refunded or is to be credited or is refundable to the council, two-fifths of the difference between the amount so paid and the part so credited or refunded or to be credited or refundable, and

(b) to deduct as prescribed the amount so receivable and recoverable from any amount or amounts that may become due to the permanent servant by way of salary or otherwise.

ss 15Q–15S: Ins 1968 No 6, sec 2 (d).

15S

Superannuation Benefits Fund

15S Superannuation Benefits Fund

There shall be established a Superannuation Benefits Fund which shall consist of—

(a) all amounts received by the board or transferred to the Benefits Fund pursuant to subsection (3) of section 15K,

(b) all amounts transferred to the Benefits Fund or received by the board pursuant to subsection (9) of section 15L,

(c) all contributions received or receivable by the board in respect of a contributor,

(d) all income received on any investments belonging to the Benefits Fund,

(e) profits derived from the sale of any investments belonging to the Benefits Fund, and

(f) all amounts received by the board pursuant to any agreement or policy entered into by the board under section 15AC.

ss 15Q–15S: Ins 1968 No 6, sec 2 (d).

15T

Application of Benefits Fund

15T Application of Benefits Fund

(1) The Benefits Fund shall be applied by the board to the following purposes, that is to say—

(a) (Repealed)

(b) the transfer to the Management Account of such amounts as the board thinks fit towards the management expenses of the board,

(c) the payment of any amounts payable by the board pursuant to this Part,

(d) the transfer to the Contingent Account of such amounts as the board may determine,

(e) all amounts payable by the board pursuant to any agreement or policy entered into by the board under section 15AC before the commencement of the Local Government and Other Authorities (Superannuation) Amendment Act 1975.

(2) Moneys in the Benefits Fund held uninvested by the board may be lodged either at call or on fixed deposit, or partly at call and partly on fixed deposit with the Treasurer, or with any bank, building society or credit union, and while so lodged in a bank, building society or credit union shall be deemed to be moneys of the Crown.

s 15T: Ins 1968 No 6, sec 2 (d). Am 1975 No 101, Sch 1 (5); 1977 No 46, Schs 2 (2), 6 (2); 1982 No 27, Sch 1 (3); 1996 No 24, Sch 1.58 [2].

15U

Servant’s account

15U Servant’s account

(1) There shall be maintained, in the Benefits Fund, a separate account in respect of each contributor to which shall be credited any moneys to be credited or transferred to that contributor’s servant’s account in accordance with subsection (3) of section 15K, or subsection (9) of section 15L, and all contributions received or receivable by the board pursuant to this Part in respect of that contributor.

(2) At the end of each superannuation year, or as soon thereafter as practicable, the board shall credit each servant’s account with interest at a rate determined in respect of that year by the board, calculated on the total amount at credit in each such account at the end of that year, and shall debit each such account with—

(a) an amount calculated in such manner as the board may determine to cover the amounts referred to in paragraphs (b), (d) and (e) of subsection (1) of section 15T,

(b) where the servant is a permanent servant who is qualified for additional death benefits and additional disablement benefits, with the amount assessed by the board as the contribution payable in respect of that year by that servant for additional death benefits and additional disablement benefits, and

(c) any amount paid to or in respect of that contributor under this Part.

ss 15U–15X: Ins 1968 No 6, sec 2 (d).

15V

Lump sum benefit on retirement

15V Lump sum benefit on retirement

(1) Subject to section 15Z, where a contributor (in this section referred to as the former contributor)—

(a) being a male, ceases to be employed by a council on or after the day on which he attains the age of sixty years and before he attains the age of sixty-five years,

(b) being a female, ceases to be employed by a council on or after the day on which she attains the age of fifty-five years and before she attains the age of sixty-five years, or

(c) attains the age of sixty-five years,

the board shall pay to the former contributor the total amount standing to the credit of the former contributor in his or her servant’s account.

(2) A payment under subsection (1) shall not be made until the expiration of a period of twenty-eight days after the former contributor has ceased to be employed by the council unless within that period he or she applies to the board for the payment to be made.

ss 15U–15X: Ins 1968 No 6, sec 2 (d).

15W

Death of contributor

15W Death of contributor

Subject to sections 15Z and 17BA, where a contributor (in this section referred to as the former contributor) dies, the board shall, on an application in writing in a form approved by the board made to the board by the personal representative of the former contributor, pay to that personal representative, as a death benefit, the total amount standing to the former contributor’s credit in his servant’s account and, where he was qualified for additional death benefits, an additional amount equal to the product of the annual salary that was payable to him immediately before his death and the multiplier specified in Schedule B under the heading “Multiplier of salary” that is opposite the age in years specified in that Schedule under the heading “Age in years” of the former contributor at the time of his death.

ss 15U–15X: Ins 1968 No 6, sec 2 (d).

15X

Disablement of contributor

15X Disablement of contributor

(1) Where a contributor (in this section referred to as the former contributor) resigns or is dismissed from the service of the council by which he is employed and the board is of the opinion that his resignation or dismissal was due, directly or indirectly, to his permanent physical or mental incapacity, not caused by an act or default of the former contributor intended by him to produce that incapacity, the board shall, subject to sections 15Z and 17BA—

(a) on application made to the board by the former contributor and if the board is of the opinion that the former contributor is permanently unable, by reason of that incapacity to perform the duties that he was required to perform before he suffered the incapacity, pay to the former contributor, as a disablement benefit, the total amount standing to the credit of the former contributor in his servant’s account, and

(b) on an application—

(i) made to the board by the former contributor, and if the board is of the opinion that the former contributor is permanently unable, by reason of that incapacity, to engage in or be employed in any remunerative occupation in which it is in the opinion of the board reasonable to expect him to engage, pay to the former contributor, or

(ii) made to the board by the personal representative of the former contributor where the former contributor has died, no payment has been made to him under subparagraph (i), and the board is of the opinion that his death resulted from that incapacity, pay to that personal representative,

as additional disablement benefits, an amount equal to the product of the annual salary that was payable to the former contributor immediately before his resignation or dismissal and the multiplier specified in Schedule B under the heading “Multiplier of salary” that is opposite the age in years specified in that Schedule under the heading “Age in years” of the former contributor at the time of his resignation or dismissal.

(2) An application under subsection (1) shall be in writing in a form approved by the board and shall—

(a) in the case of an application referred to in paragraph (a) of that subsection, be lodged with the board within twenty-one days, or

(b) in the case of an application referred to in paragraph (b) of that subsection, be lodged with the board within two years,

after the resignation or dismissal of the former contributor or within such further period as the board may in any particular case allow.

(3) Paragraph (a) of subsection (1) does not apply to a contributor referred to in section 15V.

(4) Paragraph (b) of subsection (1) does not apply unless the former contributor was qualified for additional disablement benefits.

ss 15U–15X: Ins 1968 No 6, sec 2 (d).

15Y

Payment to be made to contributor on resignation or dismissal

15Y Payment to be made to contributor on resignation or dismissal

(1) If a person who is a contributor resigns or is dismissed from the employment of a prescribed employer, the board must—

(a) pay to the person—

(i) any amount credited to the person’s account in accordance with section 15K (3) or section 15L (9) (as the case requires) together with so much of any interest credited to the person’s account under section 15U (2) as is attributable to any such amount, and

(ii) in respect of the balance of the amount in the person’s account after deduction of the amount and interest (if any) referred to in subparagraph (i) that relates to contributions paid or payable before 1 July 1988—40 per cent of that amount, and

(iii) in respect of the balance of the amount and interest (if any) referred to in subparagraph (i) that relates to contributions paid or payable on or after 1 July 1988—43.96 per cent of that amount, and

(b) pay any amount remaining in the person’s account after making the payment under paragraph (a)—

(i) in the case of a prescribed employer who is a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997—to the appropriate employer reserve or reserves established under the State Authorities Superannuation Act 1987, or

(ii) in the case of any other prescribed employer—to that employer.

(2) This section is subject to section 15Z and does not apply to a person who is a contributor referred to in section 15V or 15X.

(3) The board must not make a payment under this section until at least 28 days after the date on which the person concerned resigned or was dismissed, unless the person has applied to the board within that period for the payment to be made.

(4) Any payment of a kind referred to in subsection (1) (b) that the board has made before the commencement of Schedule 2 to the Superannuation Legislation (Amendment) Act 1991 is validated and declared to have been as lawfully made as if this section (as substituted by that Schedule) had then been in force.

(5) In this section, a reference to a prescribed employer is a reference to a council, body or association that is the subject of a proclamation published under section 2 (4).

s 15Y: Ins 1968 No 6, sec 2 (d). Am 1975 No 101, Sch 5 (13). Subst 1991 No 95, Sch 2. Am 1997 No 154, Sch 6.22.

15Z

Board to certify amount due

15Z Board to certify amount due

(1) Where a person becomes entitled to any payment under section 15V, 15W, 15X or 15Y the board shall before making the payment—

(a) make such adjustments to the servant’s account from which the payment or any part of the payment is to be made as it considers necessary by reason of any unpaid liability to the board of the council or the former contributor concerned, by reason of any transfers to or from the servant’s account concerned required to be made but not made or by reason of the payment in advance of any amounts paid by a council or for any other reason that the board thinks fit,

(b) credit to that servant’s account such amount as the board thinks fit in respect of interest for the period from the commencement of the superannuation year in which the payment is to be made to the proposed date of the payment, and

(c) certify the amount payable under section 15V, 15W, 15X or 15Y, as the case may be, after such adjustments have been made or the servant’s account has been so credited.

(2) The amount certified by the board under paragraph (c) of subsection (1) shall be the amount payable under section 15V, 15W, 15X or 15Y, as the case may be.

(3) Where a person becomes entitled to any payment under section 15V, 15W, 15X or 15Y and the council which employed the contributor in respect of whom the payment is to be made has paid in advance to the board any contributions in respect of that contributor, the board shall refund to that council such part of those contributions as is attributable to the period that is after the date on which the contributor resigns, dies or is dismissed.

s 15Z: Ins 1968 No 6, sec 2 (d).

15ZA

Power of the board to purchase annuity etc out of money payable under section 15V, 15W, 15X or 15Y

15ZA Power of the board to purchase annuity etc out of money payable under section 15V, 15W, 15X or 15Y

Whenever an amount becomes payable under section 15V, 15W, 15X or 15Y to a former contributor or to the personal representatives of a former contributor, the board must, if requested to do so by the former contributor or by those personal representatives, apply the amount, or such part of it as is specified by the former contributor or those personal representatives, in purchasing for the former contributor, or the beneficiaries of the former contributor’s estate a right to an annuity or other form of pension from a person nominated by the former contributor or those personal representatives.

s 15ZA: Ins 1989 No 229, Sch 1.

15AA

Moneys not to be assigned

15AA Moneys not to be assigned

(1) Moneys payable to or in respect of any person as a contributor shall not be in any way assigned or charged, or passed by operation of law, to any person, other than that firstmentioned person or his personal representative, nor shall any such moneys be assets for the payment of the debts or liabilities of that firstmentioned person.

(2) Nothing in this section prevents the Board from making, at the request of a person to whom an amount is payable, a payment of the whole or a part of the amount on behalf of the person.

(3) Any payment made under subsection (2) shall be deemed to have been made to the person entitled to the amount.

s 15AA: Ins 1968 No 6, sec 2 (d). Am 1987 No 215, Sch 1 (5).

15AB

Transfer of contributor from council to council

15AB Transfer of contributor from council to council

(1) Where the board is satisfied, on an application in writing made to the board on a form approved by the board by a contributor by whom an application has not been made under subsection (2) of section 15V, or subsection (3) of section 15Y, that the contributor has ceased, or is to cease, to be employed in the service of a council and proposes to enter, within a reasonable time, the service of another council, the board may approve of the retention in that contributor’s servant’s account, for such period as may be specified in the approval, of the moneys standing to his credit in that account.

(2) An application under subsection (1) may be made by a contributor at any time before he ceases to be employed in the service of a council or within twenty-one days after he so ceases to be employed.

(3) An approval under subsection (1)—

(a) may be given subject to such terms and conditions relating to the payment by the contributor—

(i) of the contributions that would, had he not ceased to be employed in the service of the council, have been payable under this Part in respect of him during the period, or

(ii) of the contributions paid in respect of him for the period, commencing on the date on which he ceased to be employed and ending on the date on which he commences service with the other council or on the date on which the period referred to in that approval expires, whichever is the earlier, and

(b) shall cease to be in force if the contributor fails to comply with any of those terms and conditions.

(4) From the date on which any approval under subsection (1) is given until the approval ceases to be in force or until the contributor enters the service of another council, whichever first occurs—

(a) the provisions of subsection (1) of section 15V, and of subsection (1) of section 15Y, do not apply to that contributor, and

(b) that contributor remains a contributor for the purposes of sections 15W and 15X and his salary shall, for the purposes of those sections, be deemed to be the annual salary that was payable to him immediately before he ceased to be employed.

(5) Where a contributor in respect of whom an approval under subsection (1) has been given by the board has left the service of a council and, while the approval was in force, enters the service of another council—

(a) the provisions of section 15J do not apply to or in respect of the contributor upon his entering the service of that other council, and

(b) the board may make such determinations and give such directions as the board thinks fit with respect to—

(i) the payment by that other council to the council in whose service the contributor was previously employed of such part of any contributions paid by that lastmentioned council in respect of the contributor as relates to any period commencing on the day on which the contributor entered the service of that other council,

(ii) the liability of that other council to make contributions under this Part to the board in respect of the contributor,

(iii) the amount that shall be regarded for the purposes of this Part as being the salary of the contributor for the purpose of determining any such liability of that other council or for the purpose of determining the deductions to be made by that other council from the salary of the contributor, and

(iv) such other matters as the board considers necessary for the purpose of equitably adjusting the rights and liabilities of the contributor and of the councils concerned.

(6) Any determination or direction made by the board under subsection (5) has effect according to its tenor notwithstanding any other provision of this Act and shall be binding on the councils concerned and the contributor.

s 15AB: Ins 1968 No 6, sec 2 (d).

15AC

15AC (Repealed)

15AD

Report to Minister

15AD Report to Minister

As soon as practicable, but within 6 months, after the end of each superannuation year, the board shall furnish a report to the Minister on such matters relating to the operation of this Part as the Minister may specify in a notice given by him to the board or as may be prescribed by regulations made under this Act.

s 15AD: Ins 1968 No 6, sec 2 (d). Am 1983 No 22, Sch 1 (1).

Part 3C

Supplementary benefits

Part 3C Supplementary benefits

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AE

Definition

15AE Definition

In this Part, contributor means—

(a) a person who is the holder of an insurance policy in force in respect of that person that was effected by that person or accepted by the board under Part 2 and that is kept in force by the payment of the premiums thereon under section 6,

(b) a person in respect of whom contributions are being made under Part 3 to the Provident Fund, or

(c) a person who is a contributor within the meaning of section 15H.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AF

Persons to whom this Part applies

15AF Persons to whom this Part applies

This Part applies to a person—

(a) who, on or after 1 April 1974—

(i) having attained the age of 60 years, retired, resigned or was dismissed from the service of the council by which he was employed,

(ii) not having attained the age of 60 years, resigned or was dismissed from the service of the council by which he was employed, and in either case is, in the opinion of the board, entitled to a disablement benefit in accordance with section 15X,

(iii) died while he was a contributor, or

(iv) attained the age of 65 years and was, immediately before he attained that age, a contributor within the meaning of section 15H, and

(b) who was a contributor during the whole of the period commencing on 1 January 1954 and ending on the date on which he so retired, so resigned, was so dismissed or so died or on which he attained the age of 65 years (as referred to in paragraph (a) (iv)), as the case may be.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AG

Entitlement to supplementary benefits

15AG Entitlement to supplementary benefits

A person to whom this Part applies is, or his personal representatives are, without affecting his or their entitlement to any other benefits under this Act, entitled to be paid by—

(a) in the case of a person who is still in the employment of a council—that council, or

(b) in any other case—the council by which that person was last employed,

a supplementary benefit in accordance with this Part.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AH

Calculation of supplementary benefits

15AH Calculation of supplementary benefits

(1) In this section, relevant date, in relation to a person to whom this Part applies, means—

(a) if, on or after 1 April 1974, he resigned or was dismissed from the service of the council by which he was employed and he is, in the opinion of the board, entitled to a disablement benefit in accordance with section 15X—the date on which the resignation or dismissal took effect,

(b) if he died while he was a contributor—the date of his death, or

(c) the date on which he attained, or will (if he survives) attain, the age of 65 years,

but if 2 of those dates are applicable to him, means the earlier of those dates.

(2) Subject to this section and section 15AI, the supplementary benefit payable to or in respect of a person to whom this Part applies (who is in this section referred to as the payee) shall be calculated in accordance with the following formula—

(3) For the purposes of subsection (2), S represents the amount of the supplementary benefit payable to the payee in dollars.

(4) For the purposes of subsection (2), Y represents—

(a) the number of years during which the payee was a contributor, disregarding—

(i) any period that occurred before any period during which he was not a contributor before 1 January 1954, and

(ii) any fraction of a year, or

(b) the number 40,

whichever is the smaller number.

(5) For the purposes of subsection (2), R represents, where the relevant date applicable to the payee occurs during—

(a) the period from 1 April 1974 to 31 March 1975 both inclusive—the number 10,

(b) the period from 1 April 1975 to 31 March 1976 both inclusive—the number 9,

(c) the period from 1 April 1976 to 31 March 1977 both inclusive—the number 8,

(d) the period from 1 April 1977 to 31 March 1978 both inclusive—the number 7,

(e) the period from 1 April 1978 to 31 March 1979 both inclusive—the number 6,

(f) the period from 1 April 1979 to 31 March 1980 both inclusive—the number 5,

(g) the period from 1 April 1980 to 31 March 1981 both inclusive—the number 4,

(h) the period from 1 April 1981 to 31 March 1982 both inclusive—the number 3,

(i) the period from 1 April 1982 to 31 March 1983 both inclusive—the number 2, or

(j) the period from 1 April 1983 to 31 March 1984 both inclusive—the number 1.

(6) For the purposes of subsection (2), V represents—

(a) where the payee has effected insurance with an insurance company for the purposes of Part 2—the amount of the value of the policy of insurance (together with bonuses) as at 1 April 1969 as assessed by the company before that date, together with compound interest thereon, and

(b) where the payee had an account in the Provident Fund or Benefits Fund as at 1 April 1969—the amount standing to the credit of his account as at that date, together with compound interest thereon.

(7) Interest shall, for the purposes of subsection (6), be calculated as follows—

(a) in the case of an amount referred to in subsection (6) (a)—that amount shall bear interest at the same rate as it would have borne interest in accordance with section 15U (2) and 15Z (1), had—

(i) that amount (compounded annually) been at credit in a servant’s account in the Benefits Fund, and

(ii) section 15Z (1) (c) applied thereto as at the time the supplementary benefit is payable,

(b) in the case of an amount standing to the credit of the payee’s account in the Provident Fund, as referred to in subsection (6) (b)—that amount shall bear interest at the same rate as it would have borne interest in accordance with sections 13 (4) and 15 (1A), had—

(i) that amount (compounded annually) been at credit in an account in the Provident Fund, and

(ii) section 15 (1A) applied thereto as at the time the supplementary benefit is payable, and

(c) in the case of an amount standing to the credit of the payee’s account in the Benefits Fund, as referred to in subsection (6) (b)—that amount shall bear interest at the same rate as it would have borne interest in accordance with sections 15U (2) and 15Z (1), had—

(i) that amount (compounded annually) been at credit in a servant’s account in the Benefits Fund, and

(ii) section 15Z (1) (c) applied thereto as at the time the supplementary benefit is payable.

(8) No supplementary benefit is payable under this Part to or in respect of a person to whom this Part applies if the relevant date applicable to him occurs on or after 1 April 1984.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AI

Reduction of supplementary benefits

15AI Reduction of supplementary benefits

(1) Subject to subsections (2) and (3), the amount of the supplementary benefit calculated in accordance with section 15AH in respect of a person to whom this Part applies shall be reduced by an amount equal to any amount paid to or in respect of that person by the council by which he was last employed, being an amount paid as a benefit arising on his retirement, resignation, dismissal or death (being the retirement, resignation or dismissal by virtue of which the supplementary benefit is payable), including any amount so paid for untaken sick leave.

(2) Subsection (1) does not apply to—

(a) a gratuity granted under section 97 of the Local Government Act 1919, or

(b) an amount paid for untaken long service leave, untaken extended leave or untaken recreation leave.

(3) The foregoing provisions of this section do not operate so as to reduce by more than one-half any amount calculated in accordance with section 15AH.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AJ

Payment of supplementary benefits

15AJ Payment of supplementary benefits

The supplementary benefit payable to a person to whom this Part applies is payable within 2 months after he becomes entitled to be paid the benefit.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

15AK

Fractions of cents to be disregarded

15AK Fractions of cents to be disregarded

In calculating supplementary benefits payable under this Part, fractions of cents shall be disregarded.

pt 3C (ss 15AE–15AK): Ins 1975 No 101, Sch 3 (2).

Part 3D

Pension Fund provisions

Part 3D Pension Fund provisions

pt 3D: Ins 1977 No 46, Sch 1 (4).

Division 1

Preliminary

Division 1 Preliminary

15AL

Definitions

15AL Definitions

(1) In this Part and Schedule C, unless inconsistent with the context or subject-matter—

accrued pension point means pension points accrued or deemed to have been accrued under section 15BE.

approved service, in relation to a person, means service with an employer by that person, while he was a contributor, or while he was the holder of a current insurance policy, or while contributions to the Provident Fund or the Benefits Fund were being paid in respect of him.

contributor means a person who, under section 15AN, 15AO, 15AP, 15AQ or 15AR, has become a contributor and continues to be a servant who has not attained the age of 65 years.

current insurance policy, in relation to a person, means an insurance policy in force in respect of that person that was effected by that person or accepted by the board under Part 2 and that is kept in force by the payment of the premiums thereon under section 6.

dependent child, in relation to a deceased former contributor, means—

(a) a child of the former contributor, who has not attained the age of 16 years, or

(b) a child of the former contributor, who has attained the age of 16 years but not the age of 25 years and who is, in the opinion of the board, receiving full-time education at a school, college or university and not ordinarily employed or engaged in working for a salary,

and who was, in the opinion of the board, wholly or substantially dependent on the former contributor immediately before his death.

dependent widower, in relation to a person who dies while a contributor or pensioner, means the person’s widower if he satisfies and continues (except during any period he is married) to satisfy the prescribed dependency test.

employer means—

(a) a council as defined in section 3, or

(b) a body or association of persons, corporate or unincorporate, to which a proclamation under section 2 (4) or (5) relates.

final average salary, in relation to a person who ceases to be a servant, means the average of the annual rates of salary actually paid to him on the 31 day of December in each of the 3 years immediately preceding that in which he so ceased to be a servant, but disregarding any such day if on that day he was not a servant.

final salary means, in relation to a person who ceases to be a servant, the annual rate of salary actually payable to him immediately before he ceased to be a servant.

general employer means an employer other than a special employer.

general reserve means the general reserve in the Pension Fund, as referred to in section 15BC.

month means January, February, March, April, May, June, July, August, September, October, November or December.

notional accumulation means, in relation to a former contributor who became a contributor under section 15AO, 15AP, 15AQ or 15AR, an amount equal to the sum of—

(a) the amount credited to the general reserve or the special reserve under section 15AO (3), 15AP (9) or 15AQ (10) in respect of the former contributor, and

(b) in respect of each superannuation year since he became a contributor, an amount equal to—

(i) 5¼ per cent of his salary, based on the rate of salary on which his contributions were based under section 15AV in respect of that year, or

(ii) 1½ times the contributions paid or payable by him in that year,

whichever is the lesser, together with interest at a rate or rates determined by the board, but reduced by an amount or amounts calculated in such manner as the board may determine in respect of the amounts referred to in section 15BA (1) (a) and (c).

notional final salary means, in relation to a former contributor who has resigned, or been dismissed, from the service of an employer on the grounds of total and permanent disablement, or has died—

(a) where the former contributor had not attained the age of 57 years on or before 31 December that last preceded his resignation, dismissal or death, as the case may be—the amount of his final salary,

(b) where the former contributor had attained the age of 57 years, but had not attained the age of 58 years, on or before that 31 December—an amount equal to one-third of the sum of—

(i) the amount of the former contributor’s annual salary as at that 31 December,

(ii) twice the amount of his final salary,

(c) where the former contributor had attained the age of 58 years, but had not attained the age of 59 years, on or before that 31 December—an amount equal to one-third of the sum of—

(i) the amount of the former contributor’s annual salary as at that 31 December and the 31 December that last preceded it, and

(ii) the amount of his final salary, or

(d) where the former contributor had attained the age of 59 years on or before that 31 December—his final average salary.

notional pension points means, in relation to a former contributor who ceased to be a contributor before he attained the age of 60 years, the pension points (if any) that he would have, but has not, accrued had he continued to contribute to the Pension Fund, until he attained that age, at the average rate (including any additional rate) at which he was contributing under section 15AU since becoming a contributor.

pension means a pension under this Part.

pensioner means a person receiving or entitled to receive a pension.

potential pension points, in relation to a person who has ceased to be a contributor before attaining the age of 65 years, means the pension points that he would have, but has not, accrued had he continued to contribute to the Pension Fund, until he attained that age, at the average rate (including any average additional rate) at which he was contributing under section 15AU since becoming a contributor.

servant means a servant employed by an employer otherwise than on a part-time or casual basis.

special employer means a prescribed employer or an employer of a prescribed class.

special reserve means the special reserve in the Pension Fund, as referred to in section 15BC.

superannuation year means the period that commences on 1 April in any year and ends on 31 March in the next following year.

(2) For the purposes of this Part, a person is, subject to subsection (3), retrenched by an employer if, and only if, his service with the employer was terminated by the employer on the ground of a lack or reduction of work available for him to perform (no other position in the service of the employer or another employer having been found for him at not less than two-thirds of his annual salary at the date of that termination), and the employer, or a person duly authorised to do so on behalf of the employer, makes a statutory declaration to the board to that effect and also to the effect that it is not proposed at that time that his position with the employer be filled by another person.

(3) For the purposes of this Part, a person is not retrenched by an employer if his service with the employer was terminated—

(a) by reason of the expiration of the term of service for which the person was engaged, or

(b) where the person was engaged until certain work ceased to be available—by reason of that work ceasing to be available.

s 15AL: Ins 1977 No 46, Sch 1 (4). Am 1980 No 191, Schs 1 (1), 3 (2); 2018 No 28, Sch 1.18.

15AM

Non-application of Parts 2, 3 and 3B

15AM Non-application of Parts 2, 3 and 3B

Parts 2, 3 and 3B do not apply to or in respect of—

(a) a person to whom section 15AN applies (not being a person whose application to be exempted from coming under the provisions of this Part has been approved under section 15AN (11)), or

(b) a contributor.

s 15AM: Ins 1977 No 46, Sch 1 (4).

Division 1A

Closure of Pension Fund to new entrants

Division 1A Closure of Pension Fund to new entrants

pt 3D, div 1A: Ins 1985 No 42, Sch 1.

15AMA

Closure of Pension Fund

15AMA Closure of Pension Fund

(1) In this Division—

commencement day means the day on which the Public Authorities Superannuation Act 1985 commences.

Public Authorities Superannuation Fund means the Public Authorities Superannuation Fund established under the Public Authorities Superannuation Act 1985.

(2) Notwithstanding any other provision of this Act—

(a) a person is not entitled to elect on or after the commencement day to become a contributor,

(b) a person is not entitled to become a contributor pursuant to an election that was made before, but did not take effect before, the commencement day,

(c) on and after the commencement day, a person who, but for this paragraph, would be liable to contribute to the Pension Fund (whether as employer or employee) is not so liable,

(d) a person who, immediately before the commencement day, was contributing to the Pension Fund ceases on and from that day to be entitled or liable to contribute to the Pension Fund, and

(e) a benefit under this Act is not payable on or after the commencement day to, or in relation to, a contributor unless the benefit was payable before that day.

(3) A benefit under this Act that had become payable before the commencement day but had not been paid, or had not commenced to be paid, before that day shall be paid from the Public Authorities Superannuation Fund.

(4) Any pension under this Act of which payment had commenced before the commencement day shall, on and after that day, be paid from the Public Authorities Superannuation Fund.

(5) Any amount that, before the commencement day, a person was liable to pay, but had not paid, to the Pension Fund is payable to the Public Authorities Superannuation Fund.

(6) On and from 1 April 1988, a reference in this section to the Public Authorities Superannuation Fund shall be read as a reference to the State Authorities Superannuation Fund established under the State Authorities Superannuation Act 1987.

s 15AMA: Ins 1985 No 42, Sch 1. Am 1987 No 215, Sch 1 (6).

Division 2

Coming under the provisions of this Part

Division 2 Coming under the provisions of this Part

15AN

Application of this Part to new and certain existing servants

15AN Application of this Part to new and certain existing servants

(1) This section applies to a person who—

(a) on 31 March 1977 was not but subsequently becomes a servant,

(b) on 31 March 1977 was a servant and on or after that date ceased or ceases to be a servant, but after that date becomes a servant (whether of the same or a different employer), or

(c) on 31 March 1977 was a servant but not a permanent servant.

(2) A servant who is a person to whom this section applies may, in a form approved by the board, elect to come under the provisions of this Part.

(2A) A servant who is a person to whom this section applies and who is entitled or required to become a contributor to the State Superannuation Fund may not become a contributor under this section unless he makes an election under subsection (2) before the day referred to in subsection (3) (b).

(2B) A person who has become a contributor under this section and who would, but for this subsection, be and have been, from a time before he so became a contributor, entitled or required to become a contributor to the State Superannuation Fund may not become while he remains a person to whom this section applies, and shall be deemed not to have been, since that time and while he remained a person to whom this section applied, entitled or required to become, a contributor to the State Superannuation Fund.

(3) Subject to subsection (2A), a servant who is a person to whom this section applies, and who is not already a contributor, becomes a contributor on—

(a) if he makes an election under subsection (2)—the first day of the second month after that in which his election is received by the board, or

(b) if he has, since last becoming a servant, completed a period of 3 years’ continuous service with one or more employers—the first day of the second month after that in which he completed that period of service.

(4) Subsection (3) (b) does not apply to—

(a) a person who had, when he last became a servant, attained the age of 55 years, or

(b) a person exempted from the operation of that paragraph under subsection (13).

(5) A person who makes an election under subsection (2) shall furnish to the board with his election such details of his medical and personal history as are provided for in the form on which he makes the election.

(6) A person who becomes a contributor under this section, otherwise than by reason of his making an election under subsection (2), shall furnish to the board, in a form approved by the board, such details of his medical and personal history as are provided for in that form.

(7) The board may by notice in writing require any person to whom this section applies to submit himself for such medical examination or examinations as the board may determine.

(8) The board shall consider any details of the medical and personal history of the servant submitted by him and the results of any medical examination referred to in subsection (7) and shall determine, as it thinks fit, that the servant is—

(a) qualified for full additional benefits,

(b) qualified for partial, but not full, additional benefits, or

(c) not qualified for either such benefits.

(9) Until the board has made a determination under subsection (8) that a servant is qualified for full or partial additional benefits, that servant shall not be qualified for either such benefits.

(10) A determination under subsection (8) that an applicant is qualified for full or partial additional benefits shall take effect—

(a) where the applicant is not already a contributor—from the date when he becomes a contributor, or

(b) where the applicant is already a contributor—from such date, not being earlier than the date of the determination, as may be specified by the board in the determination.

(11) A person to whom this section applies may, if—

(a) he is the holder of a current insurance policy, or

(b) there is any amount standing to his credit in the Provident Fund or the Benefits Fund,

apply to the board, before the expiration of the prescribed period, to be exempted from coming under the provisions of this Part.

(12) The board may, if it thinks fit, approve of the application, and where the applicant is the holder of a current insurance policy, may so approve subject to such conditions (which shall have effect notwithstanding any other provision of this Act and shall be binding on the employer concerned and the applicant) with respect to the apportionment of premiums payable in respect of the policy and the acceptance of the policy by the board for the purposes of Part 2 as the board thinks fit.

(13) The board may, on application made by a person to whom this section applies, exempt that person from the operation of subsection (3) (b) if the board is of the opinion that, having regard to the special circumstances of the case, it is proper to do so and if he is not already a contributor.

s 15AN: Ins 1977 No 46, Sch 1 (4). Am 1983 No 22, Sch 1 (2).

15AO

Election by policy holders to come under this Part

15AO Election by policy holders to come under this Part

(1) Within the period commencing on and including the date of commencement of this Part and ending on and including 30 September 1981, a permanent servant who is the holder of a current insurance policy may, in a form approved by the board—

(a) apply to surrender or to have cancelled all current insurance policies in his name and direct payment to the board of any money payable in respect of the surrender or cancellation,

(b) if he has any amount standing to his credit in the Provident Fund, apply to have that amount transferred to the Pension Fund, and

(c) elect to come under the provisions of this Part.

(2) Subsection (1) does not apply to a permanent servant who has at any time been exempted from the obligation to effect insurance under section 4 by virtue of section 7 (1) (c), unless he has subsequently been informed that an insurance company will accept the risk of that insurance as mentioned in section 7A (1).

(3) Where a person referred to in subsection (1) becomes a contributor, the board, upon his becoming a contributor, shall—

(a) cause the insurance policies to be surrendered or cancelled,

(b) pay the proceeds of the surrender or cancellation to the Pension Fund,

(c) transfer any amount standing to his credit in the Provident Fund to the Pension Fund, and

(d) of the amounts paid or transferred under paragraph (b) or (c)—

(i) credit 50 per centum to his servant’s account in the Pension Fund, and

(ii) credit 50 per centum to the general reserve (if he is in the service of a general employer) or to the special reserve (if he is in the service of a special employer).

(4) A person who makes an application and election under subsection (1) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for full additional benefits.

s 15AO: Ins 1977 No 46, Sch 1 (4). Am 1979 No 7, Sch 1 (1); 1980 No 191, Sch 6 (1).

15AP

Applications by contributors to Provident Fund to come under this Part

15AP Applications by contributors to Provident Fund to come under this Part

(1) Within the period commencing on and including the date of commencement of this Part and ending on and including 30 September 1981 a permanent servant (not being a permanent servant entitled to make an application and election under section 15AO), in respect of whom contributions are, when he makes the application referred to in this subsection, being made under Part 3 to the Provident Fund, may, in a form approved by the board—

(a) apply to have transferred to the Pension Fund the amount standing to his credit in the Provident Fund,

(b) if he is the holder of any current insurance policies, apply to surrender or to have cancelled those insurance policies and direct payment to the board of any money payable in respect of the surrender or cancellation, and

(c) apply to come under the provisions of this Part.

(2) An applicant under subsection (1) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(3) The board may, by notice in writing, require any such applicant to submit himself for such medical examination or examinations as the board may determine.

(4) The board shall consider any details of the medical and personal history of the applicant submitted by him and the results of any medical examination referred to in subsection (3) and shall, as it thinks fit—

(a) decide that the applicant shall be qualified for full additional benefits,

(b) approve of the application subject to the condition that the applicant shall be qualified for partial, but not full, additional benefits, or

(c) approve of the application subject to the condition that the applicant shall not be qualified for either such benefits.

(5) Where it approves of the application subject to the condition—

(a) that the applicant shall be qualified for partial, but not full, additional benefits, or

(b) that the applicant shall not be qualified for either such benefits,

the board shall, by notice in writing, inform the applicant of its decision, and if the applicant does not, in writing, and within 21 days after the date of the notice, or such further period not exceeding one month as the board may, whether before or after the expiration of that period of 21 days, determine, lodge with the board notice of his agreement to that condition, his application to come under the provisions of this Part shall be deemed to have lapsed.

(6) A person in respect of whom a decision is made under subsection (4) (a) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for full additional benefits.

(7) A person whose application was approved under subsection (4) (b) and who has lodged with the board notice of his agreement referred to in subsection (5) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for partial, but not full, additional benefits.

(8) A person whose application was approved under subsection (4) (c) and who has lodged with the board notice of his agreement referred to in subsection (5) becomes a contributor on the first day of a month to be determined by the board, and shall not be qualified for full or partial additional benefits.

(9) Where a person referred to in subsection (1) becomes a contributor, the board, upon his becoming a contributor, shall—

(a) transfer the amount standing to that person’s credit in the Provident Fund to the Pension Fund,

(b) cause any insurance policies referred to in subsection (1) (b) to be surrendered or cancelled,

(c) pay the proceeds of the surrender or cancellation to the Pension Fund, and

(d) of the amounts transferred or paid under paragraph (a) or (c)—

(i) credit 50 per centum to his servant’s account in the Pension Fund, and

(ii) credit 50 per centum to the general reserve (if he is in the service of a general employer) or to the special reserve (if he is in the service of a special employer).

(10) A servant shall not, except with the approval of the board, be entitled to make more than one application under this section.

s 15AP: Ins 1977 No 46, Sch 1 (4). Am 1979 No 7, Sch 1 (2); 1980 No 191, Sch 6 (1).

15AQ

Elections and applications by contributors to Benefits Fund to come under this Part

15AQ Elections and applications by contributors to Benefits Fund to come under this Part

(1) Within the period commencing on and including the date of commencement of this Part and ending on and including 30 September 1981 a permanent servant, in respect of whom contributions are, when he makes the application referred to in this subsection, being made under Part 3B to the Benefits Fund, may, in a form approved by the board—

(a) apply to have transferred to the Pension Fund the amount standing to his credit in the Benefits Fund, and

(b) if, when he makes the application under paragraph (a)—

(i) qualified for additional death benefits and additional disablement benefits under Part 3B—elect to come under the provisions of this Part, or

(ii) not so qualified—apply to come under the provisions of this Part.

(2) A person who makes an election under subsection (1) (b) (i), and who was, when he made the election, qualified for additional death benefits and additional disablement benefits under Part 3B, becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for full additional benefits.

(3) An applicant under subsection (1) (b) (ii) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(4) The board may, by notice in writing, require an applicant referred to in subsection (3) to submit himself for such medical examination or examinations as the board may determine.

(5) The board shall consider any details of the medical and personal history of an applicant referred to in subsection (3) submitted by him and the results of any medical examination referred to in subsection (4) and shall, as it thinks fit—

(a) decide that the applicant shall be qualified for full additional benefits,

(b) approve of the application subject to the condition that the applicant shall be qualified for partial, but not full, additional benefits, or

(c) approve of the application subject to the condition that the applicant shall not be qualified for either such benefits.

(6) Where it approves of an application referred to in subsection (5) subject to the condition—

(a) that the applicant shall be qualified for partial, but not full, additional benefits, or

(b) that the applicant shall not be qualified for either such benefits,

the board shall, by notice in writing, inform the applicant of its decision, and if the applicant does not, in writing, and within 21 days after the date of the notice, or such further period not exceeding one month as the board may, whether before or after the expiration of that period of 21 days, determine, lodge with the board notice of his agreement to that condition, his application to come under the provisions of this Part shall be deemed to have lapsed.

(7) A person in respect of whom a decision is made under subsection (5) (a) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for full additional benefits.

(8) A person whose application has been approved under subsection (5) (b) and who has lodged with the board notice of his agreement referred to in subsection (6) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for partial, but not full, additional benefits.

(9) A person whose application has been approved under subsection (5) (c) and who has lodged with the board notice of his agreement referred to in subsection (6) becomes a contributor on the first day of a month to be determined by the board, and shall not be qualified for full or partial additional benefits.

(10) Where a person referred to in subsection (1) becomes a contributor, the board, upon his becoming a contributor shall—

(a) transfer the amount standing to that person’s credit in the Benefits Fund to the Pension Fund,

(b) of an amount equal to the amounts (if any) transferred or paid to that person’s servant’s account in the Benefits Fund under section 15K (3) (b) or (c) or section 15L (9) (a) or (c)—

(i) credit 50 per centum to his servant’s account in the Pension Fund, and

(ii) credit 50 per centum to the general reserve (if he is in the service of a general employer) or to the special reserve (if he is in the service of a special employer), and

(c) of the amount transferred under paragraph (a), other than so much thereof as is dealt with under paragraph (b)—

(i) credit 40 per centum to his servant’s account in the Pension Fund, and

(ii) credit 60 per centum to the general reserve (if he is in the service of a general employer) or to the special reserve (if he is in the service of a special employer).

(11) A servant shall not, except with the approval of the board, be entitled to make more than one application under this section.

s 15AQ: Ins 1977 No 46, Sch 1 (4). Am 1979 No 7, Sch 1 (3); 1980 No 191, Sch 6 (1).

15AR

Applications by certain permanent servants to come under this Part

15AR Applications by certain permanent servants to come under this Part

(1) A servant who, on 31 March 1977 was, and has since continued to be, a permanent servant may, in a form approved by the board, apply, on or after 1 April 1977, to come under the provisions of this Part if, when he makes the application, he is not a person in respect of whom contributions to the Benefits Fund are being paid.

(2) An applicant under subsection (1) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(3) The board may, by notice in writing, require any such applicant to submit himself for such medical examination or examinations as the board may determine.

(4) The board shall consider any details of the medical and personal history of the applicant submitted by him and the results of any medical examination referred to in subsection (3) and shall, as it thinks fit—

(a) decide that the applicant shall be qualified for full additional benefits,

(b) approve of the application subject to the condition that the applicant shall be qualified for partial, but not full, additional benefits, or

(c) approve of the application subject to the condition that the applicant shall not be qualified for either such benefits.

(5) Where it approves of the application subject to the condition—

(a) that the applicant shall be qualified for partial, but not full, additional benefits, or

(b) that the applicant shall not be qualified for either such benefits,

the board shall, by notice in writing, inform the applicant of its decision, and if the applicant does not, in writing, and within 21 days after the date of the notice, or such further period not exceeding one month as the board may, whether before or after the expiration of that period of 21 days, determine, lodge with the board notice of his agreement to that condition, his application to come under the provisions of this Part shall be deemed to have lapsed.

(6) A person in respect of whom a decision is made under subsection (4) (a) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for full additional benefits.

(7) A person whose application was approved under subsection (4) (b) and who has lodged with the board notice of his agreement referred to in subsection (5) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for partial, but not full, additional benefits.

(8) A person whose application was approved under subsection (4) (c) and who has lodged with the board notice of his agreement referred to in subsection (5) becomes a contributor on the first day of a month to be determined by the board, and shall not be qualified for full or partial additional benefits.

(9) Where an application is made by a servant under subsection (1), the operation of the provisions of Part 3B in relation to that servant is suspended—

(a) where the board makes a decision referred to in subsection (4) (a) in relation to that servant, until he becomes a contributor, or

(b) where the board approves his application under subsection (4) (b) or (c), until—

(i) he becomes a contributor,

(ii) he lodges with the board notice of his refusal to agree to the condition imposed by the board, or

(iii) the expiration of one month after the period of 21 days referred to in subsection (5),

whichever first occurs.

(10) A servant shall not, except with the approval of the board, be entitled to make more than one application under this section.

ss 15AR–15AY: Ins 1977 No 46, Sch 1 (4).

15AS

Restrictions on becoming contributors

15AS Restrictions on becoming contributors

(1) A servant who has attained the age of 65 years may not become a contributor.

(2) A servant may not become a contributor before 1 April 1977.

ss 15AR–15AY: Ins 1977 No 46, Sch 1 (4).

15AT

Applications for additional benefits by contributors

15AT Applications for additional benefits by contributors

(1) A contributor who is qualified for partial, but not full, benefits or who is qualified for neither such benefits may, in a form approved by the board, apply to the board to have his case reviewed under this section.

(2) An applicant under subsection (1) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(3) The board may, by notice in writing, require any such applicant to submit himself for such medical examination or examinations as the board may determine.

(4) The board shall consider any details of the medical and personal history of the applicant submitted by him and the results of any medical examination referred to in subsection (3) and shall, as it thinks fit—

(a) refuse the application,

(b) where the applicant is qualified for partial, but not full, additional benefits—determine that he is qualified for full additional benefits, or

(c) where the applicant is qualified for neither such benefits—determine that he is—

(i) qualified for partial, but not full, additional benefits, or

(ii) qualified for full additional benefits.

(5) A determination under subsection (4) (b) or (c) shall take effect from such date, not being earlier than the date of the determination, as may be specified by the board in the determination.

(6) A contributor is not entitled to make more than one application under this section in any period of 3 years.

ss 15AR–15AY: Ins 1977 No 46, Sch 1 (4).

Division 3

Contributions

Division 3 Contributions

15AU

Servant’s contributions

15AU Servant’s contributions

(1) A contributor—

(a) shall contribute to the Pension Fund at such rate, being an approved rate (as referred to in subsection (2) (a)), and

(b) may, if he became a contributor under section 15AO, 15AP or 15AQ, contribute to the Pension Fund at such additional rate, being an approved rate (as referred to in subsection (2) (b)),

as he specifies in an election for the time being in force under this section.

(2) For the purposes of—

(a) subsection (1) (a)—an approved rate is 2, 3, 4, 5 or 6 per centum of the contributor’s salary, and

(b) subsection (1) (b)—an approved rate is 1, 2 or 3 per centum of the contributor’s salary.

(3) A servant who elects or applies to come under the provisions of this Part may furnish to the board with that election or application, or within such period thereafter as is acceptable to the board, an election, in a form approved by the board, specifying the rate (including, where relevant, any additional rate) at which he desires to commence contributing to the Pension Fund.

(4) A servant (other than a servant who elects or applies to come under the provisions of this Part) who is not a contributor may furnish to the board an election, in a form approved by the board, specifying the rate at which he desires to commence contributing to the Pension Fund as on and from the date on which, by virtue of the operation of section 15AN (3), he becomes a contributor, but such an election shall be deemed not to have been furnished to the board if it does not take effect within one year after it has been received by the board.

(5) A servant who does not furnish an election in accordance with subsection (3) or (4) shall be deemed to have elected thereunder to contribute to the Pension Fund at the rate of 2 per centum of his salary.

(6) A servant’s election under subsection (3) or (4) that has taken effect remains in force until an election made by him under subsection (7) takes effect.

(7) A contributor may, between 1 April and 31 December (both inclusive) in any year, furnish to the board an election, in a form approved by the board, specifying the rate (including, where relevant, any additional rate) at which he desires to contribute to the Pension Fund as on and from 1 April in the next year.

(8) A contributor’s election under subsection (7) that has taken effect remains in force until another election made by him under that subsection takes effect.

(9) A servant’s election under subsection (3) or (4) takes effect on and from the date on which he becomes a contributor.

(10) A contributor’s election under subsection (7) takes effect on and from 1 April in the year following that in which it was made.

(11) If the board so approves, a person may vary an election made by him under this section before the election takes effect.

ss 15AR–15AY: Ins 1977 No 46, Sch 1 (4).

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Introductory

1 Name of Act

(1) This Act may be cited as the Local Government and Other Authorities (Superannuation) Act 1927.

(2) In this Act the expression the Principal Act means the Local Government Act 1919.

(3) Unless the context necessarily requires a different meaning, expressions defined in the Principal Act shall bear the same meanings in this Act.

(4) (Repealed)

s 1: Am 1935 No 24, sec 6; 1959 No 2, sec 2 (1) (a); 1968 No 6, sec 2 (a); 1975 No 101, Schs 3 (1), 5 (2); 1977 No 46, Sch 1 (1); 1979 No 7, Sch 2 (1); 1980 No 191, Schs 3 (1), 4 (1), 5 (1); 1982 No 27, Sch 1 (1); 1983 No 104, Sch 1 (1); 1989 No 107, Sch 1.

2 Commencement and application of Act

(1) This Act shall commence on a day not earlier than the first day of July, one thousand nine hundred and twenty-seven, to be appointed by the Governor and notified by proclamation published in the Gazette not less than six weeks before the date of commencement.

(2) This Act shall apply to and in respect of town clerks, shire clerks, municipal engineers, shire engineers and health inspectors of any council, and to such other servant or servants or class of servants of councils as the Governor may by proclamation published in the Gazette from time to time direct.

Classes of servants may be defined in any such proclamation by reference to the occupation, age, sex, past service, or salary of the servants to whom this Act is to be applied.

(3) This Act shall also apply to and in respect of every veterinary inspector who shall for the purposes of this Act be deemed to be a servant of a pastures protection board as defined in the Pastures Protection Act 1934.

(4)

(a) This Act shall also apply to and in respect of such servant or servants or class of servants of any body or association of persons, corporate or unincorporate, as the Governor may by proclamation published in the Gazette from time to time direct.