South Australian Numbered Acts

PARLIAMENTARY SUPERANNUATION (SCHEME FOR NEW MEMBERS) AMENDMENT ACT 2005 (NO 43 OF 2005) - SECT 28

28—Substitution of section 23

Section 23—delete the section and substitute:

23—Pension paid for limited period

        (1)         If—

            (a)         a PSS 1 or PSS 2 member ceases to be a member of the Parliament of the State; and

            (b)         either immediately or after a period of preservation of the former member's benefits—

                  (i)         a pension is paid under this Act to the former member; or

                  (ii)         a pension is paid under this Act to the former member and then, on his or her death, a pension is paid under this Act to his or her spouse; or

                  (iii)         the cessation of membership is by reason of his or her death and a pension is paid under this Act to his or her spouse; or

                  (iv)         the former member dies after a period of preservation before receiving a pension and a pension is paid under this Act to his or her spouse; and

            (c)         the pension, or the last of the pensions to be payable, ceases before the expiration of the period of 4.5 years after the pension, or the first of the pensions, commenced and no actual or prospective right to a pension exists and no other benefit is payable under this Act,

an amount determined in accordance with subsection (2) is payable to the former member's estate.

        (2)         The amount referred to in subsection (1) is the amount of the pension or pensions that would have been payable to, or in relation to, the former member during the period referred to in subsection (1)(c) if the pension or pensions had not ceased, reduced by—

            (a)         the amount of the lump sum, or the aggregate of the lump sums, (if any) paid on commutation of the pension or pensions; and

            (b)         the amount of the pension or pensions actually paid to, or in relation to, the former member.

        (3)         When computing the amount of the pension or pensions that would have been payable during the period referred to in subsection (1)(c)—

            (a)         it will be assumed that the pension or pensions were not reduced by commutation; and

            (b)         the provisions of this Act for indexation of pensions will be ignored.

        (4)         For the purposes of this section, if the cessation under subsection (1)(a) relates to a PSS 1 or PSS 2 member who had been a member of the Parliament, then ceased to be a member and then, after a period of time, returned as a member and has again ceased to be a member, then any previous cessation of service, and any previous benefits paid on account of that cessation, will be disregarded.