19AAMember or former member charged with or convicted of serious offence

#### 19AA Member or former member charged with or convicted of serious offence 19AA Member or former member charged with or convicted of serious offence > > (1) This section applies in respect of a person— > > > > > (a) who ceases to be a member while proceedings for a serious offence are pending against the person, or > > > > > (b) who ceased to be a member if proceedings for a serious offence are instituted against the person for conduct that occurred when the person was a member. > > > (2) Any entitlement of such a person as a former member to receive a pension under this Part is suspended while proceedings for the serious offence are pending against the former member. However, the trustees may lift the suspension and reinstate the person’s entitlement to a pension pending the finalisation of the proceedings if satisfied that the suspension is not in the public interest. > > > (3) If the finalisation of the proceedings results in the person not being convicted of any serious offence, the suspension of pension entitlement is lifted and the person’s entitlement to a pension is reinstated. > > > (4) If the finalisation of the proceedings results in the person being convicted of a serious offence— > > > > > (a) the person ceases to have any entitlement to receive a pension or any further payment of a pension under this Part, and any pension already paid is to be repaid to the Fund, and > > > > > (b) any election under section 20 (Right to convert pension to lump sum entitlement) in respect of the pension (since the person last became a member) is of no effect and is taken never to have been made, and any lump sum payment made under this Part pursuant to any such election is to be repaid to the Fund, and > > > > > (c) the person’s net contributions are to be refunded to the person, > > > > except as otherwise provided by this section. > > > (4A) If the person, before being convicted of the serious offence, had been in receipt of a pension or had received a lump sum payment pursuant to an election under section 20, the trustees may refund net contributions by deducting the amount of the refund from any pension already paid, or any lump sum payment, that the person is required to repay to the Fund under subsection (4). > > > (4B) If the conviction of the person is quashed by a court after the finalisation of the proceedings for the serious offence, the trustees must, on application by the person, reinstate the person’s pension and repay to the person any amount of pension, or any part of the lump sum, that the person has repaid to the Fund. > > > (5) If proceedings for a serious offence cease to be pending before the proceedings are finalised, the suspension of pension entitlement is lifted and the person’s entitlement to a pension is reinstated. > > > (6) If a person’s entitlement to a pension is reinstated following the lifting of a suspension or following the quashing of the person’s conviction— > > > > > (a) the reinstatement has effect from immediately before the entitlement to pension was suspended or terminated and as if the entitlement had not been suspended or terminated, and > > > > > (b) an election may be made under section 20 (2) within 3 months after the entitlement is reinstated. > > > (7) While a former member’s entitlement to a pension is suspended under this section, the trustees may authorise payment to the former member from the Fund of an advance on the refund of the former member’s net contributions under subsection (4) (c). However, if the suspension of the former member’s entitlement to a pension is lifted, any such advance is to be repaid or recouped by the trustees by deduction from any pension or other payment due to the former member on the lifting of the suspension. > > > (8) Criminal proceedings are not considered finalised for the purposes of this section until the end of the appeal period and until any appeal against conviction or acquittal, lodged within the appeal period, has been determined or has lapsed or been withdrawn. The appeal period is— > > > > > (a) the period within which an appeal may be lodged (but excluding any extension to that period that a court may grant), or > > > > > (b) the period of 12 months after the conviction or acquittal, > > > > whichever is the earlier. > > > (8A) Criminal proceedings that result in a person being convicted or acquitted are still pending for the purposes of this section until they are finalised for the purposes of this section. > > > (9) This section extends to proceedings taken outside New South Wales. > > > (10) In this section— > > > > cease to be a member means cease to be a member and to be entitled to salary. > > > > net contributions means the amounts deducted under this Act or the former Act from salary paid to the person less any amount previously refunded to him or her (under this section or otherwise) and less the amount of any reduction resulting from a determination under section 26D. > > > > serious offence means— > > > > > (a) an offence committed in New South Wales that is punishable by imprisonment for life or for a term of 5 years or more or an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or > > > > > (b) an infamous crime. > > **s 19AA:** Ins 2006 No 93, Sch 1 \[1\]. Am 2017 No 18, Sch 1 \[1\]–\[8\].