20AMembers who were in the Parliament on 1 July 1994—recognition of prior service in a State or Territory Parliament

20A  Members who were in the Parliament on 1 July 1994—recognition of prior service in a State or Territory Parliament  (1AA) For the purposes of this section, a person is an eligible member if:  (a) he or she was a member as at the commencement of this subsection; and  (b) at any time before that commencement, the person was a member of:  (i) the Parliament of a State; or  (ii) the Legislative Assembly for the Australian Capital Territory; or  (iii) the Legislative Assembly of the Northern Territory of Australia.  (1AB) Subject to subsection (1AC), this section does not apply in relation to a member unless the member is an eligible member.  (1AC) An eligible member may elect, in writing, that this section does not apply in relation to him or her. The election has effect accordingly.  (1AD) An election under subsection (1AC) must be given to the Trust before whichever is the earlier of the following times:  (a) the end of the period of 12 months after the commencement of this subsection;  (b) immediately before the day on which a general election is first held after the commencement of this subsection.  (1) Subject to subsection (1B), the period of service of a member shall be deemed to include any period, whether before or after the commencement of this section, that ended before the day on which he or she became a member (or, if he or she has become a member on more than one occasion, the day on which he or she last became a member) and during which he or she was a member of the Parliament of a State if:  (a) he or she is entitled to a pension (including a pension that is not immediately payable) arising out of his or her former membership of that Parliament; or  (b) he or she received a payment by way of a lump sum by reason of the cessation of his or her membership of that Parliament upon the expiration of that period and, within 3 months, or, if the Trust so allowed, 6 months, after the day on which he or she became a member (or, if he or she has become a member on more than one occasion, the day on which he or she last became a member) or 8 June 1973, whichever was the later, he or she contracted with the Trust, in the manner required by the Trust, to pay that lump sum to the Commonwealth within 3 years.  (1A) References in subsection (1) to the Parliament of a State shall be construed as including references to the Legislative Assembly for the Australian Capital Territory and the Legislative Assembly of the Northern Territory.  (1B) The period of service of a member shall not be deemed to include any period after 19 October 1974 and before 23 September 1979 during which the member was a member of the Legislative Assembly of the Northern Territory unless the member elected under section 26 of the Legislative Assembly Members’ Superannuation Act 1979 of the Northern Territory to have his or her period of service as a member of that Legislative Assembly during that period treated as membership for the purposes of that Act.  (2) Any amounts paid by a person to the Commonwealth under paragraph (1)(b) shall be deemed, for the purposes of this Act other than section 16, to be contributions made by the person.  (3) Where a person who has contracted with the Trust under subsection (1) of this section to pay an amount to the Commonwealth elects under subsection 18B(3) to convert a percentage of the retiring allowance to which he or she is entitled into a lump sum payment, there shall be deducted from that lump sum payment so much of the amount as remains to be paid under the contract and, upon the deduction being made, the person is, to the extent of the amount deducted, discharged from further liability to make payments under the contract.  (4) If an eligible member makes an election under subsection (1AC) of this section:  (a) paragraph 22Q(1)(b) has effect, in relation to the eligible member, as if the reference in that paragraph to 3 months after the date on which he or she became a member were a reference to the earlier of the times referred to in subsection (1AD) of this section; and  (b) paragraph 22Q(1)(c) has effect, in relation to the eligible member, as if the reference in that paragraph to the expiration of that period of 3 months were a reference to the earlier of the times referred to in subsection (1AD) of this section.  (5) If an eligible member does not make an election under subsection (1AC) of this section, section 22Q has effect, in relation to the eligible member, as if subsection 4(4A) had not been enacted. general election means a general election of the members of the House of Representatives. 21  Reduction of benefits as a result of membership of a State Parliament, the Northern Territory Legislative Assembly or the A.C.T. Legislative Assembly  (1) Subject to this section, if:  (a) a person is entitled to a retiring allowance or annuity; and  (b) the person is or becomes a person in receipt of a salary, or an allowance in the nature of a salary, as:  (i) a member of the Parliament of a State (whether by virtue of holding some special position in that Parliament or not); or  (ii) a Minister of State of a State; the rate of retiring allowance or annuity otherwise payable to the person is to be reduced by the rate of the salary or allowance, as the case requires.  (1AA) Subject to this section, if:  (a) a person is entitled to a retiring allowance or annuity; and  (b) the person is or becomes a person in receipt of a pension arising out of:  (i) former membership of the Parliament of a State (whether by virtue of holding some special position in that Parliament or not); or  (ii) having been a Minister of State of a State; and  (c) either:  (i) the person is in receipt of the pension immediately before the commencement of this subsection; or  (ii) the person is an eligible member (within the meaning of section 20A) who has not made an election under subsection 20A(1AC); the rate of retiring allowance or annuity otherwise payable to the person is to be reduced by the rate of the pension.  (1A) References in subsection (1) or (1AA) to the Parliament of a State and to a Minister of State of a State shall be construed as including references to the Legislative Assembly for the Australian Capital Territory, the Legislative Assembly of the Northern Territory and to a Minister of the Australian Capital Territory or of the Northern Territory, respectively.  (2) Where the salary, allowance or pension by reference to which a reduction is to be made under subsection (1) or (1AA) is payable otherwise than at a periodical rate, the reduction of the retiring allowance or annuity under this Act shall be made to such extent and in such manner as the Trust determines. 21AA  Rate of benefits if there is more than one spouse  (1) If a person (deceased person) who was:  (a) entitled to a parliamentary allowance; or  (b) entitled to a retiring allowance, whether or not the retiring allowance was immediately payable; dies leaving more than one spouse, the Trust must allocate any annuities or benefits payable to a spouse or any eligible children in respect of the deceased person under this Act among them.  (2) The Trust must have regard to:  (a) the respective needs of the spouses; and  (b) if there are any eligible children of the deceased person who are entitled to benefits under section 19AA—the respective needs of the children; when making the allocation.  (2A) For the purposes of paragraph (2)(a), in determining the needs of a particular spouse, disregard any need that results from an election made by the spouse under section 19AAA.  (2B) For the purposes of paragraph (2)(b), in determining the needs of a child who is entitled to a benefit under section 19AA, disregard any need that results from an election made in relation to the child under section 19ABA.  (2C) The Trust must ensure that so much of an annuity as is commuted under section 19AAA or 19ABA is not allocated under this section.  (3) Subject to subsections (4) and (5), annuities or benefits are only payable to each spouse and eligible child (if any) in accordance with the allocation.  (4) The aggregate of the rates of the annuities and benefits payable under an allocation must not exceed five‑sixths of the rate of the retiring allowances applicable to the deceased person.  (5) In subsection (4), the rate of the retiring allowance applicable to the deceased person means the rate of the retiring allowance that would have been applicable to the deceased person if he or she had not died and:  (a) if the deceased person died while entitled to a retiring allowance the rate of which was, at the time of the death, reduced under section 21 or 21B—the rate of retiring allowance to which the deceased person was entitled was not so reduced; and  (b) if the deceased person died while entitled to a parliamentary allowance—the deceased person ceased to be entitled to that allowance at the time of the death; and  (c) if the period of service of the deceased person was less than 8 years—the period of service of the deceased person was 8 years.  (6) This section has effect subject to sections 19AAA and 19ABA.