Commonwealth Numbered Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1996 No. 29, 1996 - SCHEDULE

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 of the decision to decrease the payment, this section
applies as if the payment had actually been decreased at that earlier time. 6
Overpayments during retrospective period

(1) An overpayment of an amount purporting to be made under the
Parliamentary Contributory Superannuation Act 1948 (the PCS Act) during the
period that started on 2 March 1996 and ended when this Act received the Royal
Assent may be recovered by the Commonwealth as a debt due to the Commonwealth.

(2) The whole or a part of the overpayment may be deducted from an amount
payable under the PCS Act as amended by this Act.

(3) Subitems (1) and (2) do not, by implication, affect the recovery or
set-off of other overpayments purporting to be made under the PCS Act.