Parliamentary Contributory Superannuation Act 1971 (NSW)

Parliamentary Contributory Superannuation Act 1971 No 53

An Act to establish a contributory superannuation scheme for members of the Legislative Council and the Legislative Assembly in substitution for the scheme contained in the Legislative Assembly Members Superannuation Act 1946; to repeal that Act and certain other Acts; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act and commencement (1) This Act may be cited as the Parliamentary Contributory Superannuation Act 1971. (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 (Repealed)

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— actuary means a person who is a Fellow or Accredited Member of the Institute of Actuaries of Australia. Commonwealth taxation law means a law of the Commonwealth that provides for the levying and collection of a tax. contributions, in relation to a person, means amounts deducted from that person's salary pursuant to the provisions of this Act. designated employer has the same meaning as in the Parliamentary Remuneration Act 1989. family law superannuation legislation has the same meaning as it has in Part 4A. federal member means a member of either House of the Parliament of the Commonwealth. financial year means the period commencing on the first day of July in any year and ending on the thirtieth day of June in the next following year. general election means a general election of Members of the Legislative Assembly. Insurance and Superannuation Commissioner means the Insurance and Superannuation Commissioner holding office under the Insurance and Superannuation Commissioner Act 1987 of the Commonwealth, and includes a person acting in that office. member means member of the Legislative Council or the Legislative Assembly or a person who has ceased to be such a member but is in receipt of salary. other benefits includes a refund of contributions, and any interest payable thereon. Parliamentary Contributory Superannuation Scheme means the contributory superannuation scheme established by this Act. penalty, in relation to a Commonwealth taxation law, includes (but is not limited to)— (a) a penalty rate of taxation under that law, and (b) the loss of a concessional rate of taxation under that law. relevant Commonwealth superannuation standard means a standard that would be applicable under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth if the Fund was a regulated superannuation fund under that Act. salary, in relation to a member or a former member, means— (a) all moneys payable, whether before or after the commencement of this Act, by way of salary or special allowance to him or her under the Constitution Act 1902, the Parliamentary Allowances and Salaries Act 1956 or any corresponding previous enactment, and (b) all remuneration payable to him or her under the Parliamentary Remuneration Tribunal Act 1975, excluding any portion specified under section 7A of that Act as being in the nature of an allowance for electoral or other expenses, and (c) all remuneration payable to him or her under the Parliamentary Remuneration Act 1989 by way of basic salary or additional salary, and (d) the cost of any employment benefits (within the meaning of the Parliamentary Remuneration Act 1989) provided to the member or former member (as determined by the designated employer), and (e) if salary sacrifice contributions are made in respect of the member or former member under this Act, the amounts payable for those contributions under section 18AA, and (f) if salary sacrifice contributions are made in respect of the member or former member under section 14F of the Parliamentary Remuneration Act 1989, the amounts of those contributions, and includes any allowance (other than a living away from home allowance) payable to a member under section 17G or 28 of the Constitution Act 1902, as in force at any time before the commencement of the Parliamentary Allowances and Salaries (Amendment) Act 1966, but does not include any electoral allowance payable under section 28 of the Constitution Act 1902, as in force at any time before the commencement of section 15 of the Parliamentary Remuneration Tribunal Act 1975. salary sacrifice contribution—see section 18AA. spouse of a member, or former member, who has died means the widow or widower, as the case may be, of the member or former member. superannuation contributions surcharge means the superannuation contributions surcharge imposed under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth. superannuation guarantee shortfall has the same meaning as it has in the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth. the former Act means the Legislative Assembly Members Superannuation Act 1946. the Fund means the Parliamentary Contributory Superannuation Fund maintained under this Act. triennial actuarial investigation means an actuarial investigation under section 10 (1). trustees means the Trustees of the Parliamentary Contributory Superannuation Fund constituted by this Act.