Document ID: chunk:federal_register_of_legislation:C2004A05049:schedule:1:p1
Version: federal_register_of_legislation:C2004A05049
Segment Type: schedule
Provision Reference: sch 1 (pt 1/2)
Character Range: 1500–4247

Schedule 1— Amendment of the Parliamentary Contributory Superannuation Act 1948

1 Subsection 18(2AA)

   Add at the end:

           Note: The references in this subsection to the rate of parliamentary allowance for the time being payable are affected by section 22T.

2 Subsection 18(6)

   Add at the end (after the table):

           Note: The reference in this subsection to the rate of parliamentary allowance for the time being payable is affected by section 22T.

3 Subsection 18(9)

   Add at the end:

           Note: The reference in this subsection to the rate of salary, or allowance by way of salary, for the time being payable in respect of an office is affected by sections 22T and 23.

4 Subsection 18(10B)

   Add at the end:

           Note: The reference in this subsection to the rate of salary, or allowance by way of salary, for the time being payable in respect of an office is affected by sections 22T and 23.

5 After section 22S

   Insert in Part VI:

22T Treatment of decreases in rates used to calculate retiring allowance

    (1) If:

        (a) after 2 March 1996, the rate of any of the following payments (the underlying payment) is decreased:

         (i) parliamentary allowance payable to a member;

         (ii) salary payable to a Minister of State in respect of an office;

         (iii) allowance by way of salary payable to an office holder in respect of that office; and

         (b) at a time after the decrease, retiring allowance is payable to a person, or would have been payable to a person if he or she

         had not died, who was receiving the underlying payment at a time before the decrease;

      this section applies for the purposes of calculating the rate of the retiring allowance after the decrease. The rate of the underlying payment immediately before the decrease is the preserved rate.

           Note 1: For the purposes of applying paragraph (b), it does not matter if the retiring allowance was or would also have been payable to the person before the decrease.

           Note 2: For the purposes of applying paragraph (b), the time when the person was receiving the underlying payment may be a time before or after 2 March 1996.

      (2) In calculating the rate of the retiring allowance, the rate of the underlying payment is to be taken to remain at the preserved rate until the actual rate of the payment increases to at least the preserved rate.

      (3) If the actual rate of the underlying payment is further decreased before increasing to at least the preserved rate, this section does not apply separately in relation to that further decrease.

      (4) If a decrease of a payment is expressed to have effect from a particular time before the taking