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Parliamentary Contributory Superannuation Act 1948
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Department of Finance
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C2024C00651 C45
14 October 2024
-
31 March 2026
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Part I—Preliminary
1 Short title
2 Commencement
4 Interpretation
4A Transfer value payable in respect of previous employment
4B Marital or couple relationship
4C Spouse who survives a deceased person
4D Incapacity
4E Surcharge deduction amount
4F Application of the Criminal Code
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Part II—The Parliamentary Retiring Allowances Trust
5 The Parliamentary Retiring Allowances Trust
6 Appointment of certain trustees
7 Temporary trustees
8 Meetings of the trustees
8A Resolutions without meetings
9 Delegation
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Part IV—Contributions
13 Contributions
14 Additional contributions by Ministers of State and office holders in respect of service before 12 June 1978
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Part V—Benefits
14A Benefits to be paid by Commonwealth
15 Benefits applicable only to present and future members
15A Invalidity retirement
15B Invalidity classification
15C Review of invalidity classification
16 Commonwealth supplement
16A Superannuation guarantee safety net amount
17 Meaning of voluntary retirement
18 Benefits to members
18A Commutation of retiring allowance—payment of surcharge liability
18B Commutation of retiring allowance—general
19 Benefits to spouse
19AAA Commutation of spouse’s annuity—payment of surcharge liability
19AA Benefits in respect of orphaned children
19ABA Commutation of orphaned child’s annuity—payment of surcharge liability
19AB Benefits payable to personal representative
19A Additional benefit to Prime Minister
20 Re election to the Parliament
20A Members who were in the Parliament on 1 July 1994—recognition of prior service in a State or Territory Parliament
21 Reduction of benefits as a result of membership of a State Parliament, the Northern Territory Legislative Assembly or the A.C.T. Legislative Assembly
21AA Rate of benefits if there is more than one spouse
21B Effect of the holding of offices of profit—reduction of certain retiring allowances and annuities
22 Certain disqualifications
22A Determination with respect to surcharge deduction amount
22B Determination with respect to surcharge commutation amount
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Part VAA—Family law superannuation splitting
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Division 1—Preliminary
22CA Definitions
22CB Basic service factor
22CC Additional service factor
Division 2—Benefits for non member spouse
22CD Associate annuity for non member spouse
22CE Associate deferred annuity
22CF Commutation of small associate annuity
Division 3—Reduction of benefits for member spouse
22CG Operative time during growth phase—reduction of lump sum
22CH Operative time during growth phase—reduction of retiring allowance
22CI Operative time during growth phase—reduction where original interest is entitlement to associate deferred annuity
22CJ Operative time during payment phase—reduction of standard allowance or annuity
Division 4—Miscellaneous
22CK Ministerial Orders
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Part VA—Deferred payment of retiring allowance
22DA Definitions
22DB Members who are subject to deferral
22DC Deferral of retiring allowance
22DD Invalidity determination during deferral period
22DE Effect of invalidity determination
22DF Invalidity determination—application requirements
22DG Review of invalidity determination
22DH Review of invalidity determination—medical examination
22DI Other special payments during deferral period
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Part VB—Preservation of rights of certain members
22Q Members who pay to Commonwealth transfer values received from previous employment
22R Special provisions affecting former participants in certain superannuation schemes
22S Power of Trust to vary determinations
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Part VC—Sustaining the superannuation contribution concession
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Division 1—Preliminary
22SA Definitions
22SB Secretary treated as superannuation provider
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Division 2—Release under a release authority
22SC Release of benefits under a release authority
22SD Limit on amount that may be released
22SE Calculation of benefits after payment of release authority lump sum
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Part VI—Miscellaneous
22T Treatment of decreases in rates used to calculate retiring allowance
23 Notional salaries etc. for certain offices
24 Benefits not assignable
24AA Recoverable payments
24AB Recoverable death payments
24AC Reports about recoverable payments and recoverable death payments
24A Accrual of retiring allowances, annuities and contributions
24B Payment of retiring allowances and annuities
24C Revocation of elections or the exercise of options
24D Trust may give advice to members who are contemplating invalidity retirement
24E Trust may give advice to recipients of retiring allowances and annuities who are contemplating a commutation in order to pay surcharge
25 Review of decisions
26 Payment otherwise than to person entitled
26A Calculation of period of service in certain circumstances
26B Preservation of benefits and disclosure of information to members
26C Trustee of Scheme for purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997
26D Appropriation for surcharge payable by the Trust
27 Appropriation
28 Regulations
29 Closing off the scheme constituted by this Act, and related matters
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Schedule 1—Closing off the scheme constituted by this Act, and related matters
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Part 1—Interpretation
1 Definitions
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Part 2—Closing off contributions to the scheme
2 No section 13 contributions in respect of new scheme contribution periods
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Part 3—Closing off entitlements to benefits under the scheme
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Division 1—The close off
3 No section 18 benefits at the end of new scheme contribution periods etc.
Division 2—Situations in which a person is entitled to a retiring allowance, or additional retiring allowance, at a preserved percentage
4 Entitlement to a retiring allowance at a preserved percentage
5 Entitlement to an additional retiring allowance at a preserved percentage
Division 3—How this Act applies in relation to a person after the new scheme entry time
6 Act applies subject to this Division in relation to a person after the new scheme entry time
7 Disapplying sections 15A, 15B and 15C
8 Modified application of section 16A
9 Provisions applying instead of subsection 18(8A)
10 Provision applying instead of subsection 18(8AA)
11 Provisions applying instead of subsection 18(8AC)
12 Modified application of section 18A
13 Disapplying section 18B
14 Modified application of section 19
15 Modified application of section 20
16 Modified application of section 21AA
17 Modified application of section 21B
18 Modified application of Part VB
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
