Commonwealth Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1948 - SECT 4

             (1)  In this Act, unless the contrary intention appears:

"allowance by way of salary" does not include the following:

                     (a)  in relation to any person--special allowance of office, electorate allowance, travelling allowance or any allowance, or any allowance included in a class of allowances, prescribed for the purposes of this definition;

                     (b)  in relation to an office holder--any portion determined under subsection 7(1B) of the Remuneration Tribunal Act 1973 .

"annuity" means annuity under this Act, including an associate annuity under section 22CD or 22CE.

"assessment" has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 .

class 1 invalid means a person who is classified by the Trust as a class 1 invalid under Part V.

class 2 invalid means a person who is classified by the Trust as a class 2 invalid under Part V.

class 3 invalid means a person who is classified by the Trust as a class 3 invalid under Part V.

"Commonwealth supplement" means the amount of the Commonwealth supplement ascertained in accordance with section 16.

"contributions" means contributions under Part IV.

"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"Finance Department" means the Department administered by the Finance Minister.

"Finance Minister" means the Minister administering the Financial Management and Accountability Act 1997 .

"former spouse" , in relation to another person, means a person who previously had had a marital or couple relationship with that other person.

"House" means a House of the Parliament.

"life policy" has the same meaning as in the Life Insurance Act 1995 .

"marital or couple relationship" has the meaning given by section 4B.

"medical practitioner" means a person registered as a medical practitioner under a law of a State or Territory.

"member" means a member of either House.

"Minister of State" means a Minister of State who is entitled to a parliamentary allowance.

"non-parliamentary employment" means any employment, profession or paid occupation, other than as a member.

"office" , in relation to a Minister of State, includes the following offices, namely:

                     (a)  Prime Minister;

                     (b)  Deputy Prime Minister;

                     (c)  Leader of the Government in the Senate;

                     (d)  Deputy Leader of the Government in the Senate;

                     (e)  Leader of the House;

                      (f)  Vice-President of the Executive Council;

                     (g)  Minister of State Assisting another Minister of State;

                     (h)  an office, or an office included in a class of offices, prescribed for the purposes of this paragraph.

"office holder" means a person who:

                     (a)  is entitled to a parliamentary allowance; and

                     (b)  holds an office in, or in relation to, the Parliament or either House, being an office in respect of which he or she is entitled to an allowance by way of salary;

but does not include a Minister of State.

"owner of a life policy" has the same meaning as in the Life Insurance Act 1995 .

"parliamentary allowance" means:

                     (a)  an allowance under:

                              (i)  section 3 of the Parliamentary Allowances Act 1920 ; or

                             (ii)  subsection 4(1) or 5(1) of the Parliamentary Allowances Act 1952 , as in force at any time before the commencement of sections 169 and 170 of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 ; or

                     (b)  an allowance by way of salary under section 4 of the Parliamentary Allowances Act 1952 (other than an allowance by way of salary payable by reason of the holding of a particular office, or the performing of particular functions in, or in relation to, the Parliament or either House); or

                     (c)  an allowance by way of salary under clause 1 of Schedule 3 to the Remuneration and Allowances Act 1990 :

                              (i)  as in force before the commencement of Schedule 2 (the amending Schedule ) to the Remuneration and Other Legislation Amendment Act 2011 ; or

                             (ii)  as continued in force by item 21 of the amending Schedule; or

                     (d)  parliamentary base salary (within the meaning of the Remuneration Tribunal Act 1973 ), less any portion determined under subsection 7(1A) of that Act.

"participant" , in relation to a superannuation scheme applying in relation to any employment, means any person employed in that employment in respect of whom benefits are applicable under the scheme by reason of his or her being so employed, whether or not he or she has made contributions under the scheme.

"partner" : a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).

"period of service" , in relation to a person, means (subject to section 20) the period, or the sum of the periods (whether continuous or not), whether before or after the commencement of this Act, during which the person was entitled to parliamentary allowance, and includes any period by which the period of service of the person is deemed to be increased by virtue of subsection 22Q(4).

"retiring allowance" , in relation to a person, means the retiring allowance payable to the person under this Act and, in the case of a person who ceased or ceases to be a member after 30 June 1980, includes additional retiring allowance (if any) payable to the person under subsection 18(9).

"salary" , in relation to a Minister of State, does not include the following:

                     (a)  any allowance;

                     (b)  any portion determined under subsection 7(2A) of the Remuneration Tribunal Act 1973 .

"spouse" has a meaning affected by section 4C.

"superannuation guarantee safety-net amount" has the meaning given by section 16A.

"surcharge" has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 .

"surchargeable contributions" means surchargeable contributions (within the meaning of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 ) that are attributable to the operation of this Act.

"surcharge debt account" , in relation to a person who has held office as a member, means the surcharge debt account that was kept for the person (while he or she held that office) under section 16 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 and that related to the person's surchargeable contributions.

"surcharge deduction amount" , in relation to a person:

                     (a)  who has held office as a member; and

                     (b)  to or in respect of whom benefits become payable under this Act;

means the surcharge deduction amount that is specified in the determination made by the Trust, under section 4E, in relation to the person.

"Trust" means the Parliamentary Retiring Allowances Trust established under this Act.

"trustee" means one of the trustees who constitute the Trust, and includes a Minister performing the powers and functions of the Finance Minister as a trustee.

             (2)  A reference in this Act to the contributions of a person does not include a reference to any contributions that have been refunded to him or her and have not been repaid by him or her.

             (3)  A reference in this Act to a superannuation scheme shall be read as a reference to a superannuation or retirement scheme, however established, other than the retirement scheme constituted by the provisions of this Act.

             (4)  For the purposes of this Act, a benefit payable to or in respect of a member under a superannuation scheme shall not be taken to have been based partly on contributions under the scheme by the employer by reason only that the benefit included interest upon contributions made under the scheme by the member.

          (4A)  For the purposes of this Act:

                    (aa)  a member is taken to be employed by the Commonwealth; and

                     (a)  a member of the Parliament of a State is taken to be employed by the State; and

                     (b)  a member of the Legislative Assembly for the Australian Capital Territory is taken to be employed by the Australian Capital Territory; and

                     (c)  a member of the Legislative Assembly of the Northern Territory of Australia is taken to be employed by the Northern Territory of Australia.

             (5)  A person shall, for the purposes of this Act, be taken to be, or to have been, entitled to parliamentary allowance during any period in respect of which the person is or was, as the case may be, entitled to be paid parliamentary allowance by virtue of:

                     (a)  section 4 or 5 of the Parliamentary Allowances Act 1920 ;

                     (b)  subsection 4(3) or (4) or 5(4) or (5) of the Parliamentary Allowances Act 1952 , as in force at any time before the commencement of sections 169 and 170 of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 ; or

                     (c)  section 5 or 5A of the Parliamentary Allowances Act 1952 .

             (6)  For the purposes of this Act, if a person ceases to be entitled to a parliamentary allowance, the cessation is taken to be an invalidity retirement if, and only if, the Trust makes a determination under section 15A in relation to that cessation.