New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 7A

7A Amount of certain pensions

(1) In this section--

"Commonwealth pension" means--

(a) service pension payable under Division 5 of Part III of the Repatriation Act 1920 of the Parliament of the Commonwealth, as amended by subsequent Acts of that Parliament,

(b) age or invalid pension payable under Part III of the Social Services Consolidation Act 1947 of that Parliament, as so amended,

(c) widow's pension payable under Part IV of the Social Services Consolidation Act 1947 of that Parliament, as so amended, or

(d) such other pension, or payment of a like nature, payable under a law of the Commonwealth, as may be prescribed.

"prescribed superannuation allowance" --

(a) in relation to a married retired member of the police force referred to in subsection (3) (a) who has not attained the age of 70 years, means--

(i) the maximum total superannuation allowance that, if received by that member, would not, under subsection (3) (a) (iii) (A), disqualify that member as a member to whom this section applies, or

(ii) superannuation allowance of $32 per fortnight,

whichever is the lesser superannuation allowance,

(b) in relation to a married retired member of the police force referred to in subsection (3) (a) who has attained the age of 70 years, means superannuation allowance of $32 per fortnight,

(c) in relation to spouses or de facto partners referred to in subsection (3) (b) who have not both attained the age of 70 years, means--

(i) the maximum total superannuation allowance that, if received by those spouses or de facto partners, would not, under subsection (3) (b) (iii), disqualify either of them as a member to whom this section applies, or

(ii) superannuation allowance of $32 per fortnight,

whichever is the lesser superannuation allowance,

(d) in relation to spouses or de facto partners referred to in subsection (3) (b) who have both attained the age of 70 years, means superannuation allowance of $32 per fortnight,

(e) in relation to a retired member of the police force referred to in subsection (3) (c), or widow of a retired member of the police force referred to in subsection (3) (d), who has not attained the age of 70 years, means--

(i) the maximum superannuation allowance that, if received by that member or widow, would not, under subsection (3) (c) or (d), as the case may be, disqualify that member or widow as a member or widow to whom this section applies, or

(ii) superannuation allowance of $20 per fortnight,

whichever is the lesser superannuation allowance, or

(f) in relation to a retired member of the police force referred to in subsection (3) (c), or widow of a retired member of the police force referred to in subsection (3) (d), who has attained the age of 70 years, means superannuation allowance of $20 per fortnight.

Note--: "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(2) For the purposes of this section a pension or Commonwealth pension payable in respect of a child shall be disregarded.

(3) This section applies to--

(a) a married retired member of the police force who is in receipt of an annual superannuation allowance granted pursuant to this Act, where--

(i) the spouse or de facto partner of that retired member is not in receipt of a superannuation allowance under this Act,

(ii) that retired member is in receipt of a superannuation allowance under this Act which is less than thirty-two dollars per fortnight, and

(iii) that retired member is--

(A) in the case of a retired member who has not attained the age of 70 years--in receipt of a class of Commonwealth pension that is the maximum amount of that class of Commonwealth pension that may be paid to that retired member, without any reduction on account of income or property or both pursuant to the law of the Commonwealth under which the Commonwealth pension is paid, or

(B) in the case of a retired member who has attained the age of 70 years--in receipt of a Commonwealth pension,

(b) a married retired member of the police force who is in receipt of an annual superannuation allowance granted pursuant to this Act where--

(i) the spouse or de facto partner of that retired member is in receipt of a superannuation allowance granted pursuant to this Act,

(ii) the total superannuation allowance payable to both spouses or de facto partners under this Act is less than thirty-two dollars per fortnight, and

(iii) paragraph (a) (iii) applies,

(c) a retired member of the police force who is not married, where--

(i) that retired member is in receipt of a superannuation allowance granted pursuant to this Act that is less than twenty dollars per fortnight, and

(ii) paragraph (a) (iii) applies, and

(d) a widow of a retired member of the police force where--

(i) that widow is in receipt of or is entitled to receive a superannuation allowance granted pursuant to section 11A that is less than twenty dollars per fortnight, and

(ii) paragraph (a) (iii) applies.

(4) The superannuation allowance payable or granted under this Act to a person to whom this section applies is, subject to subsection (5), hereby increased--

(a) in the case of a married retired member referred to in subsection (3) (a), to the prescribed superannuation allowance for that person,

(b) in the case of a married retired member referred to in subsection (3) (b), to an amount whereby the total produced by adding--

(i) the increased superannuation allowance payable to that retired member under this paragraph, and

(ii) any increased superannuation allowance payable to the spouse or de facto partner of that retired member under this paragraph,

is the prescribed superannuation allowance for those spouses or de facto partners, and

(c) in the case of a retired member or widow of a retired member referred to in subsection (3) (c) or (d) to the prescribed superannuation allowance for that retired member or widow of a retired member, as the case may be.

(5) Payment of an increase under subsection (4) shall be made--

(a) in the case of a retired member or widow of a retired member who, at the commencement of the Police Regulation (Superannuation) Amendment Act 1970 , is eligible for an increase, as from the date the superannuation allowance becomes next payable after such commencement,

(b) in the case of a widow of a retired member who becomes eligible for an increase after that commencement, on and from the day on which that widow becomes so eligible.

(6) Nothing in this section shall be construed as authorising or requiring any reduction in a superannuation allowance that has been increased under this section.