21CBenefits

21C Benefits

S. 21C(1) amended by Nos 78/2004 s. 5, 61/2013 s. 16(7).

(1) Subject to this section, the entitlement to benefits of, or in respect of, a person to whom this Division applies, is to be determined in accordance with Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 as in force as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 and in accordance with Schedule 1 to the Commonwealth Parliamentary Contributory Superannuation Act 1948 as inserted by the Commonwealth Parliamentary Superannuation and Other Entitlements Legislation Amendment Act 2004, subject to any modifications to that Schedule which the Board considers are necessary to give effect to the modifications to Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 specified in subsection (2).

(2) For the purposes of this Division, Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 applies with the following modifications—

S. 21C(2)(a) amended by No. 82/1996 s. 43(1)(a).

(a) as if sections 14A, 15, 15A(5), 15B(9), 16(1A), 16(2), 16(3), 16(4), 17(3), 17(4), 17(5), 18(3), 19A, 20A, 21, 21AA(5)(a), 21B and 22 were repealed;

(b) as if in section 15A(1) for paragraphs (b), (c) and (d) there were substituted—

"(b) immediately before retirement from the Council or the Assembly by effluxion of time or the dissolution of the Council or the Assembly, was a member of the Council or the Assembly and is not a candidate for election to the Council or the Assembly at the next ensuing election;";

(c) as if in section 15C(11)—

(i) for "by the Commonwealth" there were substituted "from the Consolidated Fund";

(ii) for "Consolidated Revenue Fund" there were substituted "Consolidated Fund";

(d) as if for section 18(2A) there were substituted—

"(2A) For the purposes of subsection (1B) and paragraphs (2)(aa) and (2AA)(b), the term of office of a member of the Council is deemed to have expired on the day on which the term of office of a member of the Assembly expires.";

(e) as if in section 18(9) "of a person who became entitled to a retiring allowance after 30 June 1980" were omitted;

(f) as if in section 18B(1) "on or after 12 June 1978" were omitted;

S. 21C(2)(g) amended by No. 61/2013 s. 16(7).

(g) as if in section 18B(3) for "Secretary to the Department of Finance" there were substituted "Board";

(h) as if in section 18B(3) "(not exceeding 50%)" were omitted;

S. 21C(2)(ha) inserted by No. 40/2010 s. 24.

(ha) as if in section 19AA(2A) "and after the date on which the deceased person attained the age of 60 years" were omitted;