Parliamentary Superannuation Act 2004
5Meaning of new scheme entry time
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5 Meaning of new scheme entry time
(1) For the purposes of this Act, the new scheme entry time for a person is the first time after the commencement of this Act in relation to which the following conditions are satisfied: (a) the time is on or after the polling day for the first general election following the commencement of this Act; (b) the person becomes entitled to a parliamentary allowance at that time; (c) the person was not entitled to a parliamentary allowance immediately before that time. (2) For the purposes of subsection (1), if a person: (a) ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and (b) was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives; then the person is taken to have been entitled to a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to parliamentary allowance after being so elected as a member of the Senate. (3) For the purposes of subsection (1), if a person: (a) resigned as a member of the Senate; and (b) was elected as a member of the House of Representatives within 3 months after the resignation; then the person is taken to have been entitled to a parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives. (4) For the purposes of subsections (2) and (3), a person who is elected as a result of a polling is taken to be elected on the polling day. (5) In this section:
general election means a general election of the members of the House of Representatives.