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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Parliamentary Superannuation Amendment
Bill 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 5 amended 2
5. Section 6 amended 2
6. Section 7 amended 4
7. Section 10 deleted 4
8. Section 14 amended 4
9. Section 16 amended 5
10. Section 19 amended 5
11. Section 19B amended 7
12. Section 23 amended 7
13. Section 24 replaced 8
24. Minimum Benefits 8
14. Section 29 amended 8
15. Various provisions amended to remove
gender-specific language 9
191--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Parliamentary Superannuation Amendment
Bill 2011
A Bill for
An Act to amend the Parliamentary Superannuation Act 1970.
The Parliament of Western Australia enacts as follows:
page 1
Parliamentary Superannuation Amendment Bill 2011
s. 1
1 1. Short title
2 This is the Parliamentary Superannuation Amendment
3 Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Parliamentary Superannuation Act 1970.
12 4. Section 5 amended
13 In section 5(1) insert in alphabetical order:
14
15 benefit certificate has the meaning given in the
16 SG(A) Act section 10;
17 complying superannuation fund has the meaning
18 given in the SG(A) Act section 7;
19 individual superannuation guarantee shortfall has the
20 meaning given in the SG(A) Act section 19;
21 SG(A) Act means the Superannuation Guarantee
22 (Administration) Act 1992 (Commonwealth);
23
24 5. Section 6 amended
25 (1) Delete section 6(3)(b) and insert:
26
27 (b) 5 other Board members, of whom --
28 (i) 2 are to be appointed by the Legislative
29 Council from members of the Council;
30 and
page 2
Parliamentary Superannuation Amendment Bill 2011
s. 5
1 (ii) 2 are to be appointed by the Legislative
2 Assembly from members of the
3 Assembly; and
4 (iii) one is to be appointed by the Minister
5 from former members to whom the
6 scheme applies.
7
8 (2) In section 6(4) delete "subsection (3)(b)" and insert:
9
10 subsection 3(b)(i) and (ii)
11
12 (3) After section 6(4) insert:
13
14 (5A) The Minister is to make an appointment under
15 subsection (3)(b)(iii) whenever required to fill a
16 vacancy.
17
18 (4) In section 6(6):
19 (a) delete "member --" and insert:
20
21 member appointed under subsection (3)(b)(i) or (ii) --
22
23 (b) after paragraphs (a) and (b) insert:
24
25 and
26
27 (5) After section 6(6) insert:
28
29 (7) A Board member appointed under
30 subsection (3)(b)(iii) --
31 (a) may be removed by the Minister; and
page 3
Parliamentary Superannuation Amendment Bill 2011
s. 6
1 (b) may resign by notice in writing to the Minister;
2 and
3 (c) ceases to hold office on the day fixed for the
4 taking of the poll next following a dissolution
5 or expiry of the Legislative Assembly.
6
7 6. Section 7 amended
8 In section 7(2) delete "3" and insert:
9
10 4
11
12 7. Section 10 deleted
13 Delete section 10.
14 8. Section 14 amended
15 (1) In section 14(1)(b) after each of subparagraphs (i), (ia) and (ii)
16 insert:
17
18 or
19
20 (2) In section 14(1aa) after paragraph (a) insert:
21
22 and
23
24 (3) In section 14(1a)(b) after each of subparagraphs (i) and (iii)
25 insert:
26
27 and
28
page 4
Parliamentary Superannuation Amendment Bill 2011
s. 9
1 (4) In section 14(3) after "at the rate" insert:
2
3 of 10% per annum or at such other rate as may be
4
5 9. Section 16 amended
6 After section 16(2)(a) insert:
7
8 and
9
10 10. Section 19 amended
11 Delete section 19(4) and (5) and insert:
12
13 (4) A pension is not payable under this section to a spouse
14 or de facto partner referred to in subsection (1) or (1a)
15 if the marriage to the former member took place after
16 the former member finally ceased to be a member
17 except in the following cases --
18 (a) if the former member died before the coming
19 into operation of the Parliamentary
20 Superannuation Amendment Act 2011
21 section 10 a pension is payable --
22 (i) if the spouse or de facto partner is aged
23 55 years or more at the date of the
24 former member's death, as from that
25 date; or
26 (ii) if the spouse or de facto partner is aged
27 less than 55 years at the date of the
28 former member's death, as from the
29 date of attaining that age;
30 (b) if the former member dies on or after the
31 coming into operation of the Parliamentary
page 5
Parliamentary Superannuation Amendment Bill 2011
s. 10
1 Superannuation Amendment Act 2011
2 section 10 a pension is payable if --
3 (i) the marriage took place not less than
4 5 years before the date of the former
5 member's death; or
6 (ii) at the date of the former member's
7 death there is at least one child of the
8 former member and the spouse or
9 de facto partner who is wholly or
10 substantially dependent on them; or
11 (iii) the Board is satisfied that --
12 (I) the marriage was of a bona fide
13 nature; and
14 (II) the special circumstances of the
15 case warrant the payment of a
16 pension to the spouse or
17 de facto partner;
18 (c) if the former member dies on or after the
19 coming into operation of the Parliamentary
20 Superannuation Amendment Act 2011
21 section 10 and the marriage to the former
22 member took place before the coming into
23 operation of that Act and no pension is payable
24 under paragraph (b) a pension is payable --
25 (i) if the spouse or de facto partner is aged
26 55 years or more at the date of the
27 former member's death, as from that
28 date; or
29 (ii) if the spouse or de facto partner is aged
30 less than 55 years at the date of the
31 former member's death, as from the
32 date of attaining that age.
33
page 6
Parliamentary Superannuation Amendment Bill 2011
s. 11
1 11. Section 19B amended
2 (1) In section 19B(1) delete "A spouse or de facto partner of a
3 member" and insert:
4
5 Where a member dies before the coming into
6 operation of the Parliamentary Superannuation
7 Amendment Act 2011 section 11, a spouse or de facto
8 partner of the member
9
10 (2) After section 19B(1) insert:
11
12 (2A) Where a member or former member dies on or after the
13 coming into operation of the Parliamentary
14 Superannuation Amendment Act 2011 section 11, a
15 spouse or de facto partner of the member or former
16 member who becomes entitled to be paid an annual
17 pension pursuant to section 19 may elect, by notice in
18 writing served on the Board within 6 months of so
19 becoming entitled, to convert to a lump sum payment
20 determined in accordance with subsection (2) all or
21 part of the annual pension entitlement.
22
23 (3) In section 19B(2) after "subsection (1)" (each occurrence)
24 insert:
25
26 or (2A)
27
28 12. Section 23 amended
29 In section 23(1):
30 (a) in paragraph (c) delete "3%" and insert:
31
32 5%
33
page 7
Parliamentary Superannuation Amendment Bill 2011
s. 13
1 (b) in paragraph (d) delete "6%" and insert:
2
3 10%
4
5 13. Section 24 replaced
6 Delete section 24 and insert:
7
8 24. Minimum Benefits
9 (1) Subject to subsection (2), the Board is to pay a
10 minimum benefit to or in respect of each member of --
11 (a) the amount of the member's contributions with
12 interest at the rate of 10% per annum; plus
13 (b) any further amount which, in the opinion of an
14 actuary who prepares a benefit certificate in
15 relation to the member, the scheme must
16 provide if the individual superannuation
17 guarantee shortfall for the member is to be nil.
18 (2) The Tribunal may from time to time inquire into and
19 determine an alternative basis for calculating the
20 amount of the minimum benefits payable under the
21 scheme having regard to the SG(A) Act, and the Board
22 is to pay minimum benefits in accordance with any
23 determination.
24
25 14. Section 29 amended
26 Delete section 29(1) and insert:
27
28 (1) In this section --
29 non-participant means a member in respect of whom
30 contributions have never been made to the scheme or a
31 member who has during the period beginning on
page 8
Parliamentary Superannuation Amendment Bill 2011
s. 15
1 10 October 2000 and ending on 30 June 2001 elected
2 to cease participating in the scheme.
3
4 15. Various provisions amended to remove gender-specific
5 language
6 Amend the provisions listed in the Table as set out in the Table.
7 Table
Provision Delete Insert
s. 5(1) def. of the basic salary of the member's basic
salary par. (a) the member salary together with
together with any any salary
salary paid to him
s. 5(1) def. of the basic salary of the member's basic
salary par. (b) the member salary together with
together with any any additional
additional remuneration paid
remuneration paid
to him
s. 5(1) def. of payable to him payable to the member
salary par. (b)
s. 5(2) his
s. 6(5) on his behalf on behalf of the
Minister
s. 6(6)(a) he the member
s. 6(6)(c) if he ceases upon ceasing
s. 13(1) def. of he ceased ceasing
basic pension
page 9
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 13(2) he so contributed the person so
contributed
s. 13(2) which he received received
s. 14(1)(b)(i) when he so ceases upon so ceasing
s. 14(1)(b)(ii), his
(iii) and (iv)
s. 14(1aa) he (first the member
occurrence)
s. 14(1aa)(a) and he the member
(b)
s. 14(1aa)(c) his the member's
(each occurrence)
s. 14(1a)(a)(i) he shall, whether or the member shall,
not he is elected whether or not elected
s. 14(1a)(a)(i) his resignation the resignation
s. 14(1a)(a)(i) he pays the member pays
s. 14(1a)(a)(i) he would have been would have been
required to make required had the
had he continued member continued
page 10
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 14(1a)(a)(i) if he is defeated at the member, if
the election for the defeated at the election
Legislative for the Legislative
Assembly he shall Assembly, shall be
be entitled to the entitled to the same
same pension, if pension, if any, to
any, to which he which the member
would have been would have been
entitled if he had entitled on ceasing
ceased
s. 14(1a)(a)(i) his being defeated being defeated
s. 14(1a)(a)(ii) he the member
(each occurrence)
s. 14(1a)(a)(ii) his death death
(each occurrence)
s. 14(1a)(a)(ii) his spouse the member's spouse
s. 14(1a)(a)(ii) his resignation the resignation
s. 14(1a)(b)(i) he shall, if he is the member shall, if
elected elected
s. 14(1a)(b)(i) the day on which he the day of ceasing
ceased
s. 14(1a)(b)(i) he becomes the member becomes
s. 14(1a)(b)(i) he pays the member pays
s. 14(1a)(b)(i) he would have been would have been
required to make if required had the
he had continued member continued
page 11
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 14(1a)(b)(iii) he shall, if he is the member shall, if
defeated defeated
s. 14(1a)(b)(iii) he would have been the member would
entitled if he had have been entitled, if
been defeated defeated
s. 14(1a)(b)(iv) he shall, if he dies the member shall, in
the event of dying
s. 14(1a)(b)(iv) his death death
(each occurrence)
s. 14(1a)(b)(iv) his spouse the member's spouse
s. 14(1a)(b)(iv) he shall be deemed the member shall be
deemed
s. 14(1a)(b)(iv) the day on which he the day of ceasing
ceased
s. 14(3) he the person
s. 14(3) contributions made the person's
by him contributions
s. 14(3) to him
s. 14(3a) he that person
s. 14(4) and (5) he that person
(each occurrence)
s. 14(6) his an
s. 16(1) his so ceasing so ceasing
page 12
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 16(1) his annual the person's annual
s. 16(2)(a) when he ceases on ceasing
s. 16(2)(a) before he ceases before ceasing
s. 16(2)(b) before he ceases before ceasing
s. 16(2)(b) when he ceases on ceasing
s. 16(3) when he so ceased on so ceasing
(each occurrence)
s. 16(3) he (first occurrence) the former member
s. 16(3)(a) and he the former member
(b)
s. 16(4) his the former member's
(first occurrence)
s. 16(4) his the
(second occurrence)
s. 17(1) his an
(first occurrence)
s. 17(1) he again became again becoming
s. 17(1) he would that person would
s. 17(1) if he had not so but for so converting
converted
s. 17(1) his the
(second occurrence)
page 13
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 17(2) the amount of the annual amount of
annual pension the pension
payable to him
under this Act
s. 18(1) she is entitled until the spouse is entitled
her death until death
s. 18(2) his
s. 18(3) she the spouse or de facto
(each occurrence) partner
s. 18A her the
s. 18B her the
(each occurrence)
s. 19(1) her
s. 19(1)(a) he the former member
s. 19(1)(a) his the former member's
s. 19(1)(b) he had not died and the former member had
if he had retired not died but retired
s. 19(1)(b) his death death
s. 19(1)(b) his pension the former member's
pension
s. 19(1b)(a) his an
s. 19(1b)(b) his an
(first occurrence)
page 14
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 19(1b)(b) his (last occurrence) the
s. 19(2) her death death
s. 19(2) to the member if he if the member
s. 19(2) his death the member's death
s. 19(3) her death death
s. 19(3)(a) he had the member had
s. 19(3)(a) the same day as that the date of death
on which he died
s. 19(3)(b) he had the member had
s. 19(3)(b) the same day as that the date of death
on which he died
s. 19B(1) her the
s. 19B(2)(a) when she becomes on becoming
s. 19B(2)(a) before she became before becoming
s. 19B(2)(b) before she became before becoming
s. 19B(2)(b) when she becomes on becoming
s. 20(1) he may the person may
s. 20(1)(a) his
s. 20(1)(a) so made to him made under
section 14(3)
page 15
Parliamentary Superannuation Amendment Bill 2011
s. 15
Provision Delete Insert
s. 20(1)(b) he continues the person continues
s. 20(1)(b) so made to him made under
section 14(3)
s. 21 his the
s. 22 him the former member
s. 22 he receives received
s. 23(1) his
s. 23(2) his an
s. 30 his spouse or the spouse or de facto
de facto partner partner of the member
(first occurrence)
s. 30 or his spouse or or the spouse or
de facto partner or de facto partner or
children children of the member
or former member
s. 30 to his spouse to the spouse
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