Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, every person who, after the coming into operation of the Acts Amendment
(Parliamentary Superannuation) Act 1986 1 , ceases to be a member
and —
(a) has
contributed to the scheme for not less than 12 years; or
(b) has
contributed to the scheme for not less than 7 years but less than
12 years and —
(i)
has attained the age of 55 years upon so ceasing to
be a member; or
(ia) has
so contributed for the duration of not less than 3 complete Parliaments; or
(ii)
so ceases to be a member upon being defeated at an
election; or
(iii)
so ceases to be a member on the ground of ill health and
satisfies the Board that ceasing to be a member on that ground is warranted;
or
(iv)
so ceases to be a member upon resigning or declining to
seek re-election for reasons which, in either case, the Board considers good
and sufficient,
is entitled, on
ceasing to be a member, to be paid an annual pension at the rate ascertained
in accordance with subsection (3a).
(1aa) Without limiting
the other reasons for declining to seek re-election that the Board may
consider good and sufficient for the purposes of subsection (1)(b)(iv), a
member has, for the purposes of that provision, good and sufficient reasons
for declining to seek re-election if the member satisfies the Board
that —
(a) the
member could be reasonably expected to so decline if unable to obtain the
endorsement of a political party; and
(b) the
member has, after making reasonable endeavours to obtain the endorsement of a
political party, been unable to obtain such endorsement; and
(c) the
member’s inability to obtain such endorsement does not result from
circumstances substantially within the member’s control.
(1a) For the purposes
of this Act, where —
(a) a
Member of the Legislative Council resigns in order to seek election to the
Legislative Assembly —
(i)
the member shall, whether or not elected to the
Legislative Assembly, be deemed to have continued to be a Member of the
Legislative Council during the period between the day on which the resignation
took effect and the day on which the election for the Legislative Assembly
took place if, within 3 months of that lastmentioned day the member pays
to the scheme a sum equal to the contributions which would have been required
had the member continued to be a Member of the Legislative Council during that
period, and the member, if defeated at the election for the Legislative
Assembly, shall be entitled to the same pension, if any, to which the member
would have been entitled on ceasing to be a Member of the Legislative Council
on the day on which the election for the Legislative Assembly was conducted by
reason of being defeated at an election conducted on that day; and
(ii)
if the member dies prior to the day on which the election
for the Legislative Assembly takes place, the member shall be deemed to have
continued to be a Member of the Legislative Council until death, but for the
purposes of calculating the rate at which pension, if any, is payable as from
the date of death to the member’s spouse or de facto partner, the member
shall be deemed to have died on the day on which the resignation took effect;
and
(b) a
Member of the Legislative Assembly does not seek re-election for that House in
order to seek election for the Legislative Council —
(i)
the member shall, if elected to the Legislative Council,
be deemed to have continued to be a Member of the Legislative Assembly during
the period commencing on the day of ceasing to be a Member of the Legislative
Assembly and ending on the day of the declaration of the poll on which, by
reason of being so elected, the member becomes a Member of the Legislative
Council if, within 3 months of that lastmentioned day, the member pays to
the scheme a sum equal to the contributions which would have been required had
the member continued to be a Member of the Legislative Assembly during that
period; and
[(ii) deleted]
(iii)
the member shall, if defeated at the election for the
Legislative Council, be entitled to the same pension, if any, to which the
member would have been entitled, if defeated at an election for the
Legislative Assembly conducted on the same day as that on which the election
for the Legislative Council took place, irrespective of whether such an
election for the Legislative Assembly was actually conducted on that day; and
(iv)
the member shall, in the event of dying before the
election for the Legislative Council takes place, be deemed to have continued
to be a Member of the Legislative Assembly until death, but for the purposes
of calculating the rate at which pension, if any, is payable as from the date
of death to the member’s spouse or de facto partner, the member shall be
deemed to have died on the day of ceasing to be a Member of the Legislative
Assembly.
(2) Subject to this
Act —
(a)
every person, other than a person referred to in paragraph (b), who has
been a member and was, immediately prior to the coming into operation of the
Acts Amendment (Parliamentary Superannuation) Act 1986 1 , in receipt of
pension under this Act, is entitled to be paid an annual pension at the rate
ascertained in accordance with subsection (4); and
(b)
every person who has been a member and was, immediately prior to
1 January 1970, in receipt of pension payable under the repealed
Act, is entitled to be paid an annual pension at the rate ascertained in
accordance with subsection (5).
(3) Where a person who
ceases to be a member is not, under the provisions of subsection (1),
entitled to be paid a pension the person shall be paid an amount equal to
twice the sum of the person’s contributions to the scheme under this
Act or the repealed Act together with interest thereon at the rate of 10%
per annum or at such other rate as may be determined by the Tribunal, less any
amount previously refunded under this subsection or any corresponding
provision of the repealed Act.
(3a) For the purposes
of subsection (1), the rate per annum of pension payable to a person
entitled to pension under that subsection is the basic pension or, where
the total salary paid to that person while that person was making
contributions to the scheme was in excess of the total basic salary paid to
that person during that time, a higher amount calculated on such basis as is
from time to time determined under the Salaries and Allowances Act 1975
.
(4) For the purposes
of subsection (2)(a), the rate per annum of pension payable to a person
entitled to pension under that provision is the rate ascertained in accordance
with the formula
where —
A is the basic pension
of the person; and
B is the total salary
paid to that person while that person was making contributions to the scheme;
and
C is the total basic
salary paid to that person while that person was making contributions to the
scheme.
(5) For the purposes
of subsection (2)(b), the rate per annum of pension payable to a person
entitled to pension under that provision is the rate ascertained in accordance
with the formula
where —
A is the basic pension
of the person; and
B is the total salary
paid to that person while that person was making contributions to the scheme;
and
C is the total basic
salary paid to that person while that person was making contributions to the
scheme; and
D is one-third of the
difference between B and C.
(6) Nothing in this
section entitles a member to be paid pension in respect of any portion of an
annual pension entitlement which has been converted to a lump sum payment
under section 16(2).
[Section 14 amended by No. 94 of 1975
s. 6; No. 54 of 1980 s. 6; No. 58 of 1986 s. 7;
No. 6 of 1988 s. 5; No. 31 of 1989 s. 10 and 15; No. 37 of
2000 s. 9; No. 3 of 2002 s. 91(1); No. 34 of 2011 s. 8 and
15.]
[ 15, 15A. Deleted by No. 37 of 2000 s. 10.]