Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p15
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 34182–36636

period, whether before or after the commencement of this section, that ended before the day on which he became a member (or, if he has become a member on more than one occasion, the day on which he last became a member) and during which he was a member of the Parliament of a State if—
    (a) he is entitled to a pension (including a pension that is not immediately payable) arising out of his former membership of that Parliament; or
    (b) he received a payment by way of a lump sum by reason of the cessation of his membership of that Parliament upon the expiration of that period and, within three months, or, if the Trust so allowed, six months, after the day on which he became a member (or, if he has become a member on more than one occasion, the day on which he last became a member) or the date of commencement of this section, whichever was the later, he contracted with the Trust, in the manner required by the Trust, to pay that lump sum to the Commonwealth within three years.

"(2) Any amounts paid by a person to the Commonwealth under paragraph (b) of sub-section (1) shall be deemed, for the purposes of this Act other than section 16, to be contributions made by the person.".
21. Section 21 of the Principal Act is repealed and the following section substituted:—

Reduction of benefits by reason of membership of State Parliament.
"21. (1) Subject to this section, where a person entitled to a retiring allowance or annuity is or becomes—
    (a) a person in receipt of a salary, or an allowance in the nature of a salary, as a member or former member of the Parliament of a State (whether by virtue of holding some special position in that Parliament or not) or as a Minister of State of a State; or
    (b) a person in receipt of a pension arising out of any such membership or ministry,
the rate of retiring allowance or annuity otherwise payable to the person shall be reduced by the rate of the salary, allowance or pension, as the case may be.
"(2) Where the salary, allowance or pension by reference to which a reduction is to be made under sub-section (1) is payable otherwise than at a periodical rate, the reduction of the retiring allowance or annuity under this Act shall be made to such extent and in such manner as the Trust determines.
"(3) Where a person entitled to a retiring allowance or annuity under this Act is or becomes in receipt of a pension, or receives a lump sum payment in lieu of a pension, under any