Tasmanian Numbered Regulations

RETIREMENT BENEFITS (PARLIAMENTARY SUPERANNUATION) REGULATIONS 2012 (S.R. 2012, NO. 119)

- (S.R. 2012, NO. 119)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Savings for pension entitlements under 1973 Act

   PART 2 - Parliamentary Superannuation Committee

   5.      Parliamentary Superannuation Committee
   6.      Meetings of Committee
   7.      Costs of medical reports, &c.

   PART 3 - Parliamentary Superannuation – 1973 Scheme

           Division 1 - Preliminary

   8.      Interpretation of Part 3
   9.      Application of Part 3

           Division 2 - Parliamentary Superannuation Fund

   10.     Continuation of Parliamentary Superannuation Fund
   11.     Payments by Minister into PS Fund

           Division 3 - Contributions

   12.     Contributions by members
   13.     Member accounts for contributions
   14.     Deduction of contributions from salaries of members
   15.     Interest on contributions
   16.     Contributions and interest vest in member
   17.     Member resigning to contest another seat

           Division 4 - Pensions and other benefitsSubdivision 1 - Members' pensions

   18.     Application of Division 4
   19.     Persons to whom pensions, &c., are payable
   20.     Members' superannuation pensions
   21.     Pension on retirement on ground of ill-health
   22.     Entitlements of personal representatives on death of member
   23.     Preservation of benefits
   24.     Pension for surviving partner of deceased member or former member
   25.     Children's pensions
   26.     Commencement and cessation of children's pensions
   27.     Persons to whom children's pensions are payable
   28.     Half-yearly adjustment of pensions
   29.     Commutation of existing members, &c., entitlements
   30.     Commutation of children's pensions
   31.     Termination of pensions in certain cases
   32.     Suspension of pensions

           Division 5 - Taxation and payment of pensions and other benefits

   33.     Calculation of notional contributions surcharge amount
   34.     Calculation of notional taxed contributions
   35.     Treatment of contributions for taxation purposes
   36.     When pension or other benefit is taken to be payable
   37.     Contributions and benefit entitlements subject to taxation
   38.     Provision of certain information by Board
   39.     Establishment of surchargeable contributions debt account
   40.     Right of members to pay into surchargeable contributions debt account
   41.     Reduction of pension or other benefit
   42.     Board may act on assessment notice

           Division 6 - Miscellaneous

   43.     Payment of pensions
   44.     Pensions not assignable
   45.     Lump sum benefit may be taken as allocated pension
   46.     Payment otherwise than to person entitled
   47.     Transitional provision

   PART 4 - Parliamentary Retiring Benefits – 1985 Scheme

           Division 1 - Preliminary

   48.     Interpretation of Part 4
   49.     Application of Part 4

           Division 2 - Parliamentary Retiring Benefits Fund

   50.     Continuation of Parliamentary Retiring Benefits Fund

           Division 3 - Contributions

   51.     Contributions by members
   52.     Member resigning to contest another seat
   53.     Member accounts for contributions
   54.     Deductions of contributions from salaries of members
   55.     Interest on contributions
   56.     Contributions and interest vest in member
   57.     Payments by Minister into PRB Fund

           Division 4 - BenefitsSubdivision 1 - Preliminary

   58.     Application of Division 4
   59.     Calculation of final salary
   60.     Eligibility for retiring benefit
   61.     Payment of retiring benefit
   62.     Eligibility for death or invalidity benefit
   63.     Payment of death or invalidity benefit
   64.     Eligibility for termination benefit
   65.     Payment of termination benefit
   66.     Benefit payable to former member who again becomes a member
   67.     Lump sum benefit may be taken as allocated pension
   68.     Preservation of benefits

           Division 5 - Taxation and payment of benefits

   69.     Calculation of notional contributions surcharge amount
   70.     Calculation of notional taxed contributions
   71.     Treatment of contributions for taxation purposes
   72.     Benefit entitlements subject to taxation
   73.     Provision of certain information by Board
   74.     Establishment of surchargeable contributions debt account
   75.     Right of members to pay into surchargeable contributions debt account
   76.     Reduction of benefit
   77.     Board to act on assessment notice

           Division 6 - Miscellaneous

   78.     Periods within which benefits payable
   79.     Power of Board to recover amounts overpaid or paid in error
   80.     Payment otherwise than to person entitled

   PART 5 - Family Law (Splitting of Superannuation Interests)

   81.     Interpretation of Part
   82.     Application of Part
   83.     Objects of Part
   84.     Duty of Board to give effect to splitting instruments under Family Law Act
   85.     Commutation of pension on death of non-member spouse
   86.     Effect of benefit under splitting instrument
   87.     Fees for administration of this Part
   88.     Provision of information by Board

   PART 6 - Miscellaneous and Supplementary

           Division 1 - Preliminary

   89.     Interpretation

           Division 2 - Payments out of Fund

   90.     Application of Division
   91.     Payments out of Fund
   92.     Information to be provided
   93.     Application for benefit
   94.     Pensioner to provide information
   95.     Application by widow or widower of deceased member
   96.     Determination of surviving partner of PRBF member
   97.     Determination of surviving partner of PSF member
   98.     Election to another Parliament

           Division 3 - Decisions made by Board

   99.     Board not subject to direction
   100.    Statutory hearing
   101.    Application to Supreme Court for declaration
   102.    Appeal against decision, determination or order of Board
   103.    Contributions to accumulation scheme
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4