Parliamentary Contributory Superannuation Regulation 2003



Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Parliamentary Contributory Superannuation Act 1971.

JOHN DELLA BOSCA, M.L.C.,Special Minister of State
1   Name of Regulation
This Regulation is the Parliamentary Contributory Superannuation Regulation 2003.
2   Definitions
In this Regulation:
the Act means the Parliamentary Contributory Superannuation Act 1971.
Note—
Section 11 of the Interpretation Act 1987 provides that expressions defined in the Act have the same meanings in this Regulation.
3   Notes
Notes included in this Regulation do not form part of the Regulation.
4   Meetings of trustees
(1)  Meetings of the trustees are to be held on such dates, and at such times and places, as the chairperson may appoint.
(2)  The procedure for calling a meeting is for the chairperson to notify the other trustees as to the date, time and place of the meeting.
(3)  The chairperson is to ensure that a written record is kept of each meeting of the trustees.
(4)  The functions conferred on the chairperson by this clause are, in the absence of the chairperson, to be exercised by the vice-chairperson.
5   Signing of cheques
Any cheque drawn on the Fund:
(a)  must be signed by at least 2 persons authorised by the trustees for that purpose, and
(b)  must be drawn to order and crossed “not negotiable”.
6   Applications for pensions and other benefits
An application for a pension or other benefit under the Act must be made in writing addressed to the trustees.
7   Proof of age and marriage
(1)  The trustees may require a member or former member to furnish documentary evidence of one or more of the following:
(a)  his or her age,
(b)  if the person is married, his or her marriage,
(c)  if the person is in a de facto relationship, his or her de facto relationship.
(2)  The trustees may require the spouse or de facto partner of a member or former member to furnish documentary evidence of one or more of the following:
(a)  his or her marriage to the member or former member,
(b)  his or her de facto relationship with the member or former member.
8   Pensioner to inform trustees of change of address
Any person who is receiving a pension under the Act must inform the trustees of any change in the person’s address.
9   Trustees may require information concerning entitlement to pension
The trustees may require a person to furnish specified particulars as to the person’s entitlement to receive a pension under the Act.
Note—
This provision gives the trustees authority to require information from persons applying for a pension under the Act in order to satisfy the trustees that they are eligible for the pension.
10   Trustees may require pensioner to sign declaration
The trustees may from time to time require a person who is receiving a pension under the Act to furnish a signed declaration, in a form approved by the trustees, to the effect that during the period in respect of which the pension has been paid:
(a)  the person has not become a Member of the Parliament of the Commonwealth or of any other State or Territory, and
(b)  in the case of a person who is receiving a pension as the spouse or de facto partner of a member or former member who has died:
(i)  the person has not become entitled to payment of any other pension because of having been a member of the Parliament of the Commonwealth or of any other State or Territory, and
(ii)  the person has not become entitled to payment of any other pension as the spouse or de facto partner of a member of the Parliament of the Commonwealth or of any other State or Territory.
11   Trustees to be notified if entitlement to pension ceases
A person who ceases to be entitled to receive a pension under the Act must at once notify the trustees of that fact and of the date on which the person ceased to be so entitled.
12   Records
The trustees must cause records to be kept in respect of each member and person who is receiving or is entitled to receive a pension or other benefit under the Act showing all amounts paid into or from the Fund in respect of the member or person.
14   Savings
Any act, matter or thing that, immediately before the repeal of the Parliamentary Contributory Superannuation Regulation 1998, had effect under that Regulation continues to have effect under this Regulation.