Public Service Classification and Superannuation Amendment Act 1908
Public Service Classification and Superannuation Amendment Act 1908
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Public Service Classification and Superannuation Amendment Act 1908
Public Service Classification and Superannuation Amendment Act 1908
Public Act |
1908 No 250 |
|
Date of assent |
10 October 1908 |
|
Contents
An Act to amend the Public Service Classification and Superannuation Act, 1908.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Public Service Classification and Superannuation Amendment Act, 1908, and shall be read together with and deemed to form part of the Public Service Classification and Superannuation Act, 1908 (hereinafter referred to as the principal Act).
Part I Teachers’ Superannuation
2 Interpretation.
In this Part of this Act, unless a different intention appears,—
“Board” means the Teachers’ Superannuation Board under this Act:
“Contributor” means a contributor to the Teachers’ Superannuation Fund:
“Education Board” means an Education Board under the Education Act, 1908:
“Education service” means service in any capacity for not less than twenty hours in a week—
(a.)
Under an Education Board; or
(b.)
Under the governing body of a secondary school; or
(c.)
Under the managers of associated classes under Part VII of the Education Act, 1908; or
(d.)
Under the Education Department in the case of Inspectors of Schools, or of inspectors, managers, or visiting officers of industrial schools, or of teachers of any schools under the control of that Department:
“Fund” means the Teachers’ Superannuation Fund under this Act:
“Length of service” means in respect of any contributor the total period during which he has been a contributor:
“Prescribed” means prescribed by this Act or by regulations made under the authority thereof:
“Public school” means a public school as defined by the Education Act, 1908:
“Regulations” means regulations made under this Act by the Governor by Order in Council:
“Salary” means, with respect to a contributor, the actual sum paid to him as salary in respect of his service, but does not include allowances or payment for overtime, save that payments made to a contributor by way of bonus on certificates, or for instruction to pupil-teachers or probationers, or for the management or instruction of classes under Part VII of the Education Act, 1908, or the corresponding provisions of any former Act, shall be deemed to be the salary or a part of the salary of the contributor:
“Secondary school” means a secondary school as defined for any purpose by the Education Act, 1908.
The Fund
3 Teachers’ Superannuation Fund.
(1.)
There is hereby established a fund to be called “The Teachers’ Superannuation Fund”
(being the same fund as is established under Part IX of the Education Act, 1908).
(2.)
The fund shall consist of—
(a.)
The contributions of persons in the Education service, as hereinafter provided:
(b.)
Moneys at any time paid into the fund under section thirty-nine hereof:
(c.)
Interest from time to time accruing from investment of the moneys of the fund, as hereinafter provided:
(d.)
The moneys in the fund at the commencement of this Act.
4 Moneys payable to Public Trustee.
All moneys belonging to the fund shall be paid to the Public Trustee, who shall from time to time invest the same in such manner as is prescribed by regulations.
5 Contributions by contributors.
(1.)
The contribution to be made by a contributor shall be the following percentage of his salary, and shall be deducted from his salary as it becomes payable from time to time, that is to say:—
(a.)
Five per centum if his age does not exceed thirty years at the time when the first contribution becomes payable;
(b.)
Six per centum if his age then exceeds thirty years but does not exceed thirty-five years;
(c.)
Seven per centum if his age then exceeds thirty-five years but does not exceed forty years;
(d.)
Eight per centum if his age then exceeds forty years but does not exceed forty-five years;
(e.)
Nine per centum if his age then exceeds forty-five years but does not exceed fifty years; and
(f.)
Ten per centum if his age then exceeds fifty years.
To be paid to Public Trustee.
(2.)
The amount so deducted shall forthwith be paid to the Public Trustee to the credit of the fund by the Education Board or other governing body or person charged with the duty of paying the salary of the contributor.
(3.)
For the purposes of this section a contributor’s age shall be deemed to exceed thirty years on and after the thirtieth anniversary of his birth, and the other ages mentioned in this section shall be calculated respectively in the same manner.
6 Contributions by contributors who are temporarily not receiving salary.
If the salary of a contributor is for any period temporarily stopped on the ground of ill health, or if for any period a contributor is on leave of absence without salary, or is temporarily unemployed in the Education service but has not retired therefrom, he shall during that period continue to contribute to the fund in such manner and to such extent as may be prescribed by regulations.
The Board
7 Constitution of Teachers’ Superannuation Board.
The fund shall be administered by a Board called the Teachers’ Superannuation Board, consisting of the following members:—
(a.)
A Minister of the Crown;
(b.)
Four persons to be appointed and removable by the Governor in Council;
(c.)
Two persons to be elected by and from among the contributors resident in the North Island;
(d.)
Two persons to be elected by and from among the contributors resident in the South Island.
8 Elective members of Board.
(1.)
With respect to the elective members of the Board, the following provisions shall apply:—
(a.)
The elective members belonging at the commencement of this Act to the Teachers’ Superannuation Board as established under Part IX of the Education Act, 1908, shall be deemed to have been elected under this Act and to represent the contributors resident in the North Island and South Island respectively in accordance with the mode of their election, and shall be the elective members of the Board accordingly until the election of their successors under this Act.
(b.)
A separate ballot of the contributors resident in the North and South Islands respectively shall be taken on the first Monday in March, nineteen hundred and nine, and thereafter on the same Monday in every third year.
(c.)
Every ballot shall be taken in manner prescribed by regulations, and if any question arises as to the regularity or validity of any ballot, or the voting thereat, the question shall be determined by the Minister of Education, whose decision shall be final.
(d.)
If any elective member of the Board dies, or retires from the Education service, or by notice in writing addressed to the Minister of Education resigns his office, his seat shall become vacant.
(e.)
Any such vacancy shall be filled by election by a ballot of the contributors represented by the vacating member; but the person so elected shall hold office only for the residue of the period during which his predecessor would have held the same if he had remained a member of the Board:
Provided that where any such vacancy arises within three months before the ordinary election a ballot shall not be taken, but in lieu thereof the Governor may appoint to the vacancy any person in the Education service, who shall hold office as a member of the Board until the ordinary election only.
(2.)
Notice of the election or appointment of every member of the Board shall be gazetted, and such gazetting shall be conclusive evidence of the validity of every such election or appointment.
9 Procedure of Board.
With respect to the procedure of the Board, the following provisions shall apply:—
(a.)
The Minister shall be chairman at all meetings at which he is present, and in his absence the Board shall elect some other member to be chairman.
(b.)
Five members of the Board shall form a quorum.
(c.)
Subject to the provisions of this Act and the regulations made thereunder, the Board may regulate its own proceedings.
10 Appointment of Secretary.
(1.)
The Governor may from time to time appoint some person to be Secretary of the Board, and the person so appointed may hold the office of Secretary in conjunction with any other office which the Governor deems to be not incompatible therewith, and shall receive, out of moneys to be appropriated by Parliament, such salary as the Governor from time to time determines.
(2.)
The person who at the passing of this Act is in office as the Secretary of the Teachers’ Superannuation Board under Part IX of the Education Act, 1908, shall be deemed to have been appointed as the Secretary of the Board under this Act.
Benefits
11 Application of fund.
The fund shall be held and applied for the benefit of the contributors in the manner and subject to the conditions hereinafter set forth.
12 Retiring-allowances.
Every male contributor whose length of service is not less than forty years or whose age is not less than sixty-five years, and every female contributor whose length of service is not less than thirty years or whose age is not less than fifty-five years, shall on his or her retirement from the Education service be entitled to receive from the fund an annual retiring-allowance for the rest of his or her life, computed as follows:—
For every year of the contributor’s length of service the contributor shall receive one-sixtieth of his or her annual salary, and for every fraction of a year of that length of service the contributor shall receive a proportionate part of one-sixtieth of that salary, but in no case shall the retiring-allowance exceed two-thirds of that salary:
Provided that the Board may, with the approval of the Minister of Education, extend the provisions of this section to any case in which the age of a male contributor is not less than sixty years or the age of a female contributor is not less than fifty years.
13 Retiring-allowance when contributor medically unfit for further duty.
(1.)
Every contributor whose length of service exceeds fifteen years and who retires from the Education service on the ground of being medically unfit for further duty shall on his retirement be entitled to receive from the fund a retiring-allowance for the rest of his life, computed as mentioned in the last preceding section.
(2.)
In the case of a retiring-allowance being granted on the ground of the contributor being medically unfit for further duty, the retiring-allowance, or any one or more instalments thereof, may be forfeited by order of the Board if the contributor fails at any time without reasonable justification to submit himself for medical examination when and as often as required by the Board, or if, being reported by two medical practitioners on any such examination to be medically fit to re-enter the Education service, and having in the opinion of the Board reasonable opportunity of so doing, he fails to do so; but this subsection shall not apply to any male contributor after he has attained the age of sixty-five years, or to any female contributor after she has attained the age of fifty-five years.
(3.)
For the purposes of this Act a contributor shall be deemed to be medically unfit for further duty if on the certificate of at least two medical practitioners approved by the Board it is established to the satisfaction of the Board that by reason of mental or bodily infirmity, not caused by irregular or intemperate habits, the contributor has become permanently unable to perform his duties.
14 On re-entering service, new salary and retiring-allowance not to exceed former salary.
(1.)
When a former contributor while in receipt of a retiring-allowance under the last preceding section re-enters the Education service and becomes permanently employed therein, his retiring-allowance shall cease, and he shall again become a contributor to the fund at such rate of contribution as the Board determines, and if he subsequently retires from the Education service his retiring-allowance shall be calculated separately in respect of his two successive periods of service and of the salary received by him in each of those periods.
(2.)
In any case other than that provided for in the last preceding subsection, when a former contributor re-enters the Education service while in receipt of a retiring-allowance, or receives payment for services rendered by him to or for any branch of the Government service, or to or for any of the bodies named in the definition of “Education service”
in section two hereof, while in receipt of a retiring-allowance, then no more of that retiring-allowance shall be paid than is equivalent, when added to the remuneration so received by him in any one year, to his annual salary at the date of his retirement.
(3.)
This section shall extend and apply to any person who before the commencement of this Act has retired on a retiring-allowance under the provisions of the Teachers’ Superannuation Act, 1905, or Part IX of the Education Act, 1908.
15 On retirement, contributor may elect to receive refund of contributions.
A contributor may on his retirement under circumstances entitling him to a retiring-allowance elect, at any time before accepting the first instalment of his retiring-allowance, to accept a sum equal to the total amount of his contributions to the fund (less any sums already received by him from the fund) in lieu of his retiring-allowance, in which case he shall be entitled to receive that sum accordingly without interest, but no further sum shall be payable out of the fund in the event of his death.
16 Computation of retiring-allowance.
(1.)
For the purpose of computing the retiring-allowance to be granted to a contributor, his salary shall be deemed to be the average rate of salary received by him during the three years next preceding his retirement, or if the aggregate period during which he has been employed in the Education service is less than three years, then during that period.
(2.)
In estimating the said period of three years no account shall be taken of any interval or intervals during which the contributor has been temporarily out of employment in the Education service, or during which his salary has been temporarily stopped.
17 Retiring-allowance to be paid in monthly instalments.
A retiring-allowance shall be paid by equal monthly instalments, the first instalment being payable one month after the date of the contributor’s retirement.
18 Refund of contributions to contributor retiring before becoming entitled to retiring-allowance.
(1.)
If any contributor retires from the Education service, whether voluntarily or otherwise, before becoming entitled to a retiring-allowance under this Act, he shall be entitled to a refund of the whole amount actually contributed by him to the fund (less any sums already received by him from the fund), but without interest.
(2.)
If after any person has so retired he subsequently re-enters the Education service, and becomes permanently employed therein, he shall for all the purposes of this Part of this Act be deemed to have been then first permanently employed in the said service, and he shall thereupon be bound or entitled, as the case may be, to become a contributor to the fund in the same manner in all respects as if he had not formerly been a contributor thereto.
19 Provisions applicable on death of male contributor.
If any male contributor dies, whether before or after becoming entitled to a retiring-allowance, the following provisions shall apply:—
(a.)
If he leaves a wife surviving him, there shall be paid out of the fund to the widow, at her election, either—
(i.)
An annuity of eighteen pounds during her widowhood; or
(ii.)
The amount of the deceased contributor’s contributions to the fund, less any sums received by him from the fund in his lifetime.
(b.)
Any such election by the widow shall be final, and shall be deemed to be made when the first payment from the fund is received and accepted by her.
(c.)
If the said contributor leaves a child or children under the age of fourteen years, there shall be paid out of the fund to or on behalf of each such child the sum of five shillings a week until that child attains the age of fourteen years.
(d.)
If the said contributor leaves no widow, the amount of his contributions to the fund, less any sums which he has received out of the fund in his lifetime, and less any sums which have been paid or may become payable in the future to or on behalf of any child or children under the age of fourteen years under the foregoing provisions, shall be paid to the personal representatives of the deceased contributor in trust for the persons entitled thereto under his will, or, in case of intestacy, for the next-of-kin or other persons entitled to his estate under the law relating to the distribution of the estates of intestates, and shall not, except so far as it is otherwise specifically directed by the will of the contributor, be available as assets in his estate for the payment of his debts or liabilities.
20 Provisions applicable on death of female contributor.
When any female contributor dies, whether before or after becoming entitled to a retiring-allowance, the following provisions shall apply:—
(a.)
If she leaves a child or children under the age of fourteen years, there shall be paid out of the fund to or on behalf of each such child the sum of five shillings a week until that child attains the age of fourteen years.
(b.)
The amount of the contributions of the deceased contributor, less any sums which she has received out of the fund in her lifetime, and less any sums which have been paid or may become payable in the future to or on behalf of any child under the age of fourteen years under the foregoing provisions of this section, shall be paid to her personal representatives in trust for the persons entitled thereto under her will, or, in case of her intestacy, for the next-of-kin or other persons entitled to her estate under the law relating to the distribution of the estates of intestates, and shall not, except so far as it is otherwise specifically directed by the will of the contributor, be available as assets in her estate for the payment of her debts or liabilities.
21 Payments on behalf of child under fourteen.
(1.)
Any moneys payable out of the fund under either of the two last preceding sections to or on behalf of a child under the age of fourteen may, at the discretion of the Board, be either paid to the child himself or expended by the Board for the benefit of the child, or paid to the Public Trustee or any other person to be expended on behalf of the child in such manner as the Public Trustee or that other person thinks fit.
Or to personal representatives of deceased contributor.
(2.)
Any moneys payable out of the fund under either of the two last preceding sections to the personal representatives of a deceased contributor may, if no grant of probate or of letters of administration is obtained within three months after the death of the contributor, be paid to the Public Trustee in trust for the persons beneficially entitled thereto under this Act.
Contributors
22 Contributors to fund.
(1.)
Every person who is first permanently employed in the Education service after the passing of this Act as a teacher in any public school shall thereupon become a contributor to the fund, unless he is already a contributor to the fund under some other provision of this Act.
(2.)
Every person who is first permanently employed after the passing of this Act in any branch of the Education service which is also a branch of the Government service shall thereupon become a contributor to the fund, unless he is already a contributor to the fund under some other provision of this Act.
23 Future employees in Education service may elect to become contributors.
(1.)
Every person who is first permanently employed in the Education service after the passing of this Act, and who is not included within the provisions of the last preceding section, may at any time within six months after the date of his appointment elect to become a contributor to the fund.
(2.)
Every such election shall be made in writing under the hand of the person so electing, and delivered to the Secretary of the Board or to the Minister of Education.
(3.)
If any person so entitled to elect to become a contributor does not so elect within the time aforesaid, he shall not at any future time, whether in respect of the same or any other appointment, elect to become a contributor to the fund except with the consent of the Board and on such conditions as the Board, having due regard to the interests of the fund, determines.
(4.)
Nothing in this section shall affect the provisions of the last preceding section.
(5.)
In determining for the purposes of this and the last preceding section whether any person is first permanently employed after the passing of this Act, no account shall be taken of any employment prior to the first day of January, nineteen hundred and six (being the date of the commencement of the Teachers’ Superannuation Act, 1905).
24 Contributors to fund under Education Act may elect to become contributors under this Act.
(1.)
Every person who is at the passing of this Act a contributor to the fund in accordance with the provisions of Part IX of the Education Act, 1908, shall as from the passing of this Act be a contributor to the fund in accordance with the provisions of this Act, unless within six months after the passing of this Act he elects to remain subject to the provisions of the said Part IX of the Education Act, 1908.
(2.)
Every such election shall be made in writing under the hand of the contributor, and delivered to the Secretary of the Board or to the Minister of Education.
(3.)
Every such election shall take effect retrospectively as if made on the passing of this Act.
(4.)
Any such election may be made within the time hereinbefore limited, although the contributor so electing is no longer in the Education service.
(5.)
If any contributor so entitled to elect dies before he has made an election, an election may be made within six months after the passing of this Act by his executors or administrators, and any such election shall have the same effect as if made by the contributor in his lifetime.
25 Provisions where contributor elects to remain subject to Part IX of the Education Act.
Every contributor who so elects to remain subject to the provisions of Part IX of the Education Act, 1908, shall as from the passing of this Act continue to be a contributor to the fund in the same manner and subject to the same provisions as if Part IX of the said Act remained in force and continued to apply to him.
26 Provisions where contributor elects to become subject to this Act.
As to every contributor under Part IX of the Education Act, 1908, who becomes a contributor under this Act in accordance with section twenty-four hereof, the following provisions shall apply:—
(a.)
After the passing of this Act he shall contribute to the fund the same proportion of his salary as he contributed before the passing of this Act.
(b.)
For all the purposes of this Act, the length of his service shall be deemed to be the aggregate of the following periods:—
(i.)
The period during which he has been a contributor to the fund, whether before or after the passing of this Act:
(ii.)
The length of his service (if any) within the meaning of Part IX of the Education Act, 1908, prior to the date at which he became a contributor to the fund.
(c.)
All contributions made by him to the fund before the passing of this Act shall be computed as contributions made by him under this Act.
27 Special provisions for persons affected by extended definition of “Education Service.”
(1.)
Every person who at the passing of this Act is permanently employed in the Education service as defined by this Act, but whose employment is not included in the Education service as defined by the principal Act, may within three months after the passing of this Act, by notice in writing delivered to the Secretary of the Board or to the Minister of Education, elect to become a contributor to the fund.
(2.)
If any person so electing is already a contributor to the Public Service Superannuation Fund he shall thereupon cease to be a contributor thereto, and the amount of his contributions thereto shall be transferred from that fund to the Teachers’ Superannuation Fund, and shall be computed as contributions made by him under this Part of this Act.
(3.)
Every person so electing shall contribute to the Teachers’ Superannuation Fund at a rate determined by his age at the date of his election.
(4.)
In the case of every person so electing, the length of his service shall for the purposes of this Act be deemed to be the aggregate of the following periods:—
(a.)
The period during which he has been a contributor to the Teachers’ Superannuation Fund:
(b.)
The period during which, before becoming a contributor to that fund, he has been in the Education service as defined by this Act, whether continuously or not.
28 Provisions with respect to contributors.
(1.)
Every person who becomes a contributor to the fund under this Act shall remain a contributor thereto until his death or his retirement from the Education service.
(2.)
No person shall for the purposes of this Act be deemed to have retired from the Education service by reason of any interval during which he has not been employed in the said service, if the said interval is less than twelve months.
Retirement from service.
(3.)
Every person shall for the purposes of this Act be deemed to have retired from the Education service—
(a.)
If at any time while he is not employed in the Education service he gives notice in writing to the Secretary of the Board or to the Minister of Education of his retirement therefrom; or
(b.)
If at any time after the passing of this Act he remains out of employment in the said service for a period of twelve months:
Provided that before the expiry of that period the Board may, if it thinks fit, for special reasons, on the application of the contributor, extend the period herein prescribed for a further period not exceeding twelve months, in which case the contributor shall be deemed to have retired from the Education service at the end of the period as so extended, unless he sooner obtains employment in the Education service.
29 Provisions with respect to contributors who become employed in universities or other educational institutions.
(1.)
If any person while he is a contributor to the fund ceases to be employed in the Education service, and becomes employed as a professor, lecturer, or teacher in a university college within the meaning of the Education Act, 1908, or in an endowed college or school, he may within two months after beginning to be so employed elect, by notice under his hand delivered to the Secretary of the Board or the Minister of Education, to remain a contributor to the fund; and all the provisions of this Act shall continue to apply to him accordingly, with the necessary modifications, as if employment in any such college or school were employment in the Education service within the meaning of this Act.
(2.)
An endowed college or school means any educational institution which is maintained wholly or in part by grants from the public revenue or by the proceeds of public endowments granted by the Crown.
30 Provisions with respect to deductions under Civil Service Reform Act, 1886.
(1.)
Where any person who has had or is liable to have any part of his salary deducted under the Civil Service Reform Act, 1886, becomes a contributor, the deduction shall thereupon cease, and the moneys already deducted and remaining in the hands of the Public Trustee to his credit shall be invested for his benefit independently of the fund, and shall on his retirement from the Education service or his death be paid as provided by the Act under which the deductions have been made, in addition to the benefits to which he is entitled under this Act.
(2.)
This section shall extend and apply to any person who becomes a contributor under section twenty-four of this Act, and to all moneys standing to his credit in the hands of the Public Trustee in respect of deductions made before he so becomes a contributor.
31 Provisions with respect to contributors who are subject to Civil Service Insurance Act, 1893.
(1.)
When any person who has effected a policy on his life under the Civil Service Insurance Act, 1893, becomes a contributor, he shall be entitled at his option—
(a.)
To keep the policy alive independently of this Act; or
(b.)
To surrender the policy and have the surrender value thereof paid to the Public Trustee to be invested independently of the fund, and to be paid, together with all interest accrued thereon, to the contributor on his retirement, or to his personal representatives on his death; or
(c.)
To surrender the policy and to receive the equivalent of its surrender value in the form of a paid-up policy, following the terms and conditions of the surrendered policy, or such other terms and conditions as may be mutually agreed upon between the policyholder and the Government Insurance Commissioner.
(2.)
The option conferred by the last preceding subsection may be exercised by the policyholder at any time after he becomes a contributor.
(3.)
The Governor in Council may at any time direct that the whole or any part of the money standing to the credit of any contributor under this or the last preceding section shall be paid to that contributor.
(4.)
This section shall extend and apply to any person who becomes a contributor under section twenty-four of this Act.
32 Provisions with respect to contributors entitled to compensation for loss of office.
(1.)
When any person who is entitled under the Civil Service Act, 1866, to receive compensation for loss of office becomes a contributor, the following provisions shall apply:—
(a.)
Save in the manner and to the extent hereinafter in this section stated, his right to that compensation shall not be taken away or affected, but shall be cumulative with his right to payment from the fund.
(b.)
Such compensation shall be calculated only in respect of the period of his employment up to the time when he became a contributor, and in respect of his salary at the time when he became a contributor.
(c.)
If on his retirement from the Education service he receives and accepts a retiring-allowance from the fund, he shall thereby forfeit his right to such compensation. He shall be deemed to have received and accepted a retiring-allowance when he has received and accepted his first instalment thereof.
(d.)
If on his retirement from the Government service he receives and accepts such compensation, he shall forfeit his right to a retiring-allowance from the fund, and no annuity or periodical payment shall be payable out of the fund on his death; but the acceptance of such compensation shall not affect his right to a return of the contributions made by him to the fund, or, in case of his death, the right of any other person to a return of those contributions.
(e.)
If after he has retired from the Education service or the Government service he dies before he has received and accepted either a retiring-allowance from the fund or compensation under the said Act, such compensation (if any) shall be payable to his personal representatives, and no moneys shall be payable out of the fund except the amount of his contributions.
(f.)
Notwithstanding anything hereinbefore contained, if a contributor who has received and accepted a retiring-allowance dies before the amount paid to him in respect of that allowance is equal to the aggregate amount of the compensation to which he was so entitled and his contributions to the fund, the difference between the said amounts shall be payable out of the fund to and on behalf of the persons entitled, under the provisions of sections nineteen and twenty of this Act, to the balance (if any) of his contributions to the fund.
(2.)
This section shall apply and extend to a person who becomes a contributor under section twenty-four of this Act, and in any such case paragraph (b) hereof shall be read as referring to the date when he first became a contributor under the Teachers’ Superannuation Act, 1905.
33 Provisions with respect to retired contributors under former Acts.
With respect to any former contributor who before the passing of this Act has retired from the Education service on a retiring-allowance under the provisions of the Teachers’ Superannuation Act, 1905, or Part IX of the Education Act, 1908, or who has died while still a contributor under either of those enactments, the following provisions shall apply:—
(a.)
Subject to the next succeeding paragraph, the Teachers’ Superannuation Act, 1905, or Part IX of the Education Act, 1908, as the case may be, shall continue to apply in the same manner as if this Act had not been passed.
(b.)
If after the passing of this Act any former contributor re-enters the Education service, he shall be subject to section twenty-eight of this Act in the same manner as if he had retired after the passing of this Act.
Miscellaneous
34 Provisions when compensation paid under Workers’ Compensation for Accidents Act.
When compensation is paid by the Crown or by any Education Board or other employer of a contributor under the provisions of the Workers’ Compensation for Accidents Act, 1908, or any Act amending or substituted for that Act, in respect of an accident to a contributor, the following provisions shall apply:—
(a.)
When such compensation is paid to the contributor in respect of an accident by which he has become medically unfit for further duty, all moneys so received by him, whether by way of a weekly payment or otherwise, shall to the extent thereof be deemed to be received in satisfaction of his retiring-allowance under this Act, and such allowance shall be reduced or postponed accordingly in such manner as the Board directs.
(b.)
When any such compensation has been received in respect of the death of a contributor by any person entitled under this Act to receive any annuity or periodical payment in consequence of that death, the compensation so received by that person shall to the extent thereof be deemed to be received in satisfaction of that annuity or periodical payment, and the same shall be reduced or postponed accordingly in such manner as the Board directs.
(c.)
No such compensation shall take away or affect the right of a contributor or any other person to receive from the fund under the provisions of this Act the amount of the contributions made to the fund by a contributor.
35 Disputes to be determined by Board.
If any dispute arises as to whether any person is or has been in the Education service within the meaning of this Act, or as to whether any person is, or is entitled or bound to become, a contributor to the fund, or as to the period of service which any contributor is entitled to count, the dispute shall be determined by the Board, and the determination of the Board shall be final and conclusive.
36 Retiring-allowances not alienable.
In no case shall any retiring-allowance or other moneys granted or payable out of the fund to any person be in any way assigned or charged or pass to any other person by operation of law; nor shall any moneys payable out of the fund on the death of a contributor be assets for the payment of his debts or liabilities.
37 Board to prepare annual statement and balance-sheet.
(1.)
Before the first day of April in each year there shall be prepared by the Board, in such form as may be prescribed by regulations, a statement of its revenue account for the year ended on the thirty-first day of December preceding, and of its balance-sheet at the close of that year, and a statement of membership and of retiring and other allowances at the close of that year.
(2.)
The said accounts and statements, accompanied by a report from the Board, after being audited by the Audit Office, shall, within ten days after the completion of the audit, be forwarded by the Board to the Minister of Education, who shall within ten days after the receipt thereof lay the same before Parliament if then sitting, or, if not, then within ten days after the commencement of the next ensuing session.
38 Triennial actuarial examination of fund.
(1.)
For the period ending on the thirty-first day of December, nineteen hundred and ten, and for each triennial period thereafter, an examination of the fund shall be made by an actuary appointed for that purpose by the Governor.
(2.)
The actuary shall set forth the result of his examination in a report, which shall be so prepared as to show the state of the fund at the close of the period, having regard to the prospective liabilities and assets and the probable annual sums required by the fund to provide the retiring and other allowances falling due within the ensuing three years without affecting or having recourse to the actuarial reserve appertaining to the contributors’ contributions.
(3.)
The Board shall cause the said report to be printed and a copy thereof to be supplied to each contributor.
(4.)
A copy of the report shall, within ten days after it is received, be laid before Parliament if then sitting, or, if not, then within ten days after the commencement of the next ensuing session.
39 Annual contribution by Government.
(1.)
In the month of January in every year after the passing of this Act, the Minister of Finance shall pay into the fund and out of the Consolidated Fund, without further appropriation than this Act, the sum of seven thousand pounds, together with such further amount (if any) as is deemed by the Governor in Council, in accordance with the aforesaid report of the actuary, to be required to meet the charges on the fund during the ensuing year.
(2.)
A statement of all additional amounts so paid into the fund shall be laid before Parliament within ten days after the payment thereof if Parliament is then sitting, or, if not, then within ten days after the commencement of the next ensuing session.
40 Regulations.
The Governor may from time to time, by Order in Council gazetted, make such regulations as he thinks necessary for any of the following purposes:—
(a.)
Prescribing the manner in which elections shall be conducted under this Part of this Act, and the facilities to be given to members of the Education service for voting thereat, and to the members of the Board for attending meetings thereof;
(b.)
Prescribing the powers, functions, and procedure of the Board with respect to the fund;
(c.)
Prescribing the mode of investment of moneys belonging to the fund; and
(d.)
Generally prescribing whatever else he thinks necessary in order to give full effect to this Part of this Act.
41 Repeal.
Part IX of the Education Act, 1908, is hereby repealed.
Part II Public Service Superannuation
42 Temporary appointments to Post and Telegraph Department.
For the purposes of sections fifteen and sixteen of the principal Act, and for the purposes of the corresponding sections of the Public Service Classification Act, 1907 (relating to temporary appointments to the Public Service), the Post and Telegraph Department shall be deemed to be and to have been part of the Public Service within the meaning of those Acts, and the said sections shall be read as if this provision had been in force as from the commencement of those Acts.
43 Section 35 of principal Act amended.
(1.)
Section thirty-five of the principal Act is hereby amended by omitting the word “thereupon”
in subsection one thereof, and substituting the words “after his retirement in any manner from the said service.”
(2.)
Section thirty-five of the principal Act is hereby further amended by inserting after the words “annual salary”
in subsection one the words “and for every fraction of a year of service such contributor shall receive a proportionate part of one-sixtieth of his or her annual salary.”
44 Forfeiture of retiring-allowance or part thereof if contributor fails to report for medical examination when so required.
(1.)
In the case of a retiring-allowance being granted under Part II of the principal Act, whether before or after the commencement of this Act, on the ground of the contributor being medically unfit for further duty, the retiring-allowance or any one or more instalments thereof may be forfeited by order of the Board if the contributor fails at any time without sufficient justification to submit himself for medical examination when and as often as required by the Board, or if, being reported by two medical practitioners on any such examination to be medically fit to accept any specified employment in the Public Service which the Board considers suitable for him, the contributor fails to do so when required by the Minister in charge of the Department to which that employment pertains.
(2.)
The foregoing provisions of this section shall not apply to any male contributor after he has attained the age of sixty-five years, or to any female contributor after she has attained the age of fifty-five years.
Repeal.
(3.)
This section is in substitution for subsection two of section thirty-six of the principal Act, which subsection is hereby accordingly repealed.
45 Section 37 of principal Act amended.
Section thirty-seven of the principal Act is hereby amended by inserting after the words “contributor to the fund”
in subsection one the words “at such rate of contribution as the Board determines.”
46 Provisions with respect to payments to be made to contributors who retire before becoming entitled to retiring-allowance.
(1.)
If before a contributor becomes entitled to a retiring-allowance he retires from the Public Service, whether voluntarily or otherwise, he shall be entitled to a refund of the whole amount contributed by him to the fund, less any sums already received by him from the fund, but without interest.
(2.)
This section is substituted for section forty-one of the principal Act, which section is hereby repealed accordingly.
47 Governor in Council may exempt any office from Part II of principal Act.
(1.)
The Governor may from time to time by Order in Council declare that any place or office in the Public Service shall not be or shall cease to be subject to Part II of the principal Act.
(2.)
On the making of any such Order in Council any place or office so specified shall be deemed to be not included in the Public Service within the meaning and for the purposes of Part II of the principal Act:
Provided that no such Order in Council shall apply to or affect any person who at the time of the making thereof holds any such place or office, and who is already a contributor to the Public Service Superannuation Fund in respect of that place or office, and every such person shall continue to be a contributor to the fund in the same manner in all respects as if no such Order in Council were in force.
Repeal.
(3.)
Section fifty-two of the principal Act is hereby amended by repealing paragraph (g) thereof, but this repeal shall not affect any Order in Council heretofore made under the authority of the said section.
48 Transfer of contributions from one fund to another in certain cases.
(1.)
If a contributor to any superannuation fund retires from the service in respect of which he is a contributor, and on his retirement or within one month thereafter is appointed to any other service in respect of which he is bound to become a contributor to any other superannuation fund, the amount of his contributions to the first-mentioned fund shall be transferred to his credit in the fund to which he is so bound to become a contributor, and he shall not be entitled to a retiring-allowance from the first-mentioned fund.
(2.)
Every such contributor shall thereupon become a contributor to the fund to which his contributions have been so transferred, on the following terms:—
(a.)
He shall contribute to that fund the same proportion of his salary as if he had become a contributor to that fund at the age at which he first became a contributor to any superannuation fund from which his contributions have been transferred in pursuance of this section.
(b.)
In respect of the fund to which his contributions have been transferred there shall be added to the period of his service while a contributor to that fund the period of service which he was theretofore entitled to count in respect of the fund from which his contributions have been transferred.
(c.)
The amount of the contributions so transferred shall be added to the contributions made by him to the fund to which he so becomes a contributor.
(3.)
In this section the term “superannuation fund”
means the Public Service Superannuation Fund, the Government Railways Superannuation Fund, and the Teachers’ Superannuation Fund.
Repeal.
(4.)
Section fifty-four of the principal Act is hereby repealed.
49 Requirements as to continuity of service of contributors.
(1.)
For the purposes of Part II of the principal Act, the employment of any person in the Government service, whether permanent or temporary, shall not be deemed to be or to have been discontinuous by reason merely of the existence of any break or interval in the course of his employment if all the following conditions are fulfilled:—
(a.)
The break or interval has not exceeded fourteen clear days in duration:
(b.)
No pension, compensation, retiring-allowance, or refund of contributions has been made or received in respect of the precedent period of service:
(c.)
The break or interval has been due to compulsory retirement for some reason other than misconduct, or has been due to a voluntary retirement with the consent of the Minister in charge of the Department or of some superior officer duly authorised in that behalf.
(2.)
For the purposes of Part II of the principal Act no person shall be deemed to have retired from the Government service by reason merely of the occurrence of any break or interval in his employment which does not make his service discontinuous in accordance with the last preceding subsection.
(3.)
This section shall be deemed to have been also included in Part II of the principal Act, and in the Public Service Superannuation Act, 1907, as from the date of the passing of each of those Acts respectively.
50 Special provision as to broken service.
(1.)
If in the case of any person who is a contributor to the Public Service Superannuation Fund at the commencement of this Act there has been at any time before the commencement of the Public Service Superannuation Act, 1907, any break or interval in his employment in the Government service which, notwithstanding the provisions of the last preceding section, makes his employment discontinuous, the following provisions shall apply.
(2.)
If the said break or interval has not exceeded one year in duration, and if no pension or compensation has been received by the contributor in respect of his precedent period of service, the contributor may, if he elects so to do, pay into the Public Service Superannuation Fund within twelve months after the commencement of this Act a sum equal to the total contributions which would become payable by him into that fund during a period of five years from the commencement of this Act if he continued during that period to receive the same salary as that received by him at the commencement of this Act.
(3.)
On such payment being made by the contributor he shall thereafter be entitled to count for all the purposes of Part II of the principal Act the same period of service as if he had been in the employment of the Government during the said break or interval.
(4.)
The sum so paid into the fund by a contributor in pursuance of this section shall form part thereof, and shall be computed for the purposes of the principal Act as part of his contributions to the fund.
(5.)
If in the case of any contributor two or more of such breaks or intervals have occurred in his employment, the foregoing provisions shall apply to the latest of those breaks or intervals only.
51 Temporary officers becoming permanent by virtue of section 15 of the principal Act to be contributors to the fund.
(1.)
All persons who in pursuance of subsection two of section fifteen of the principal Act have before the commencement of this Act become permanent officers of the Public Service by virtue of five years’ temporary employment, and who have not before the commencement of this Act become contributors to the Public Service Superannuation Fund, shall as from the commencement of this Act become and be contributors to that fund.
(2.)
All persons who in pursuance of the said subsection two of section fifteen of the principal Act become permanent officers of the Public Service after the commencement of this Act by reason of five years’ temporary employment shall become and be contributors to the Public Service Superannuation Fund so soon as they so become permanent officers.
(3.)
All persons who, whether before or after the commencement of this Act, become or have become contributors to the said fund under this section, or under section twenty-eight of the principal Act, or under subsection two of section eleven of the Public Service Superannuation Act, 1907, shall be entitled to count as part of their length of service the period of their continuous service in the employment of the Government immediately prior to the thirtieth day of June, nineteen hundred and eight (being the last day on which persons permanently employed in the Public Service before the commencement of the Public Service Superannuation Act, 1907, could elect to become contributors to the fund), but not the period of their service between the said thirtieth day of June and the date at which they became contributors to the fund.
(4.)
The last preceding subsection shall also apply to every temporary officer who since the commencement of the Public Service Superannuation Act, 1907 (and whether before or after the commencement of this Act), has been permanently appointed to the Public Service and who if he had not been so appointed would have become a permanent officer of the Public Service on the expiration of five years’ temporary employment by virtue of section fifteen of the principal Act or by virtue of the corresponding provision of the Public Service Classification Act, 1907.
Repeal.
(5.)
Section twenty-eight of the principal Act is hereby repealed.
52 Section 11 of the Appropriation Act, 1887, revived.
The provisions of section eleven of the Appropriation Act, 1887, are hereby revived, and shall be deemed to have continued in operation notwithstanding the repeal of that section by section thirty-nine of the Public Service Superannuation Act, 1907.
53 Private secretaries of Ministers may contribute to superannuation funds.
(1.)
The provisions of this section shall apply to any person who is at the passing of this Act or who at any time hereafter becomes a contributor to the Public Service Superannuation Fund, the Government Railways Superannuation Fund, or the Teachers’ Superannuation Fund, and who for the time being holds, in conjunction with the office in respect of which he is a contributor to that fund, the office of private secretary to a Minister.
(2.)
Any such person may elect, by notice in writing delivered to the Secretary of the Board controlling the fund to which he is a contributor, to make contributions to that fund in respect of the salary or allowance received by him as a private secretary, in addition to contributions in respect of the salary received by him in respect of the other office so held by him.
(3.)
On any such election being made, the salary or allowance so received by the contributor as a private secretary shall, for the purpose of determining the rate of his contributions and for all other purposes in connection with the said superannuation fund, be deemed to be an addition to the salary received by him in respect of the other office so held by him.
(4.)
Every such election shall take effect as from the commencement of the month succeeding the date of the delivery of the notice of election, by the secretary aforesaid.
(5.)
In the case of any person who holds office as a private secretary at the passing of this Act, his election shall be made not later than two months after the passing of this Act, and in the case of any person who is hereafter appointed to any such office, his election shall be made not later than two months after his appointment.
(6.)
No person who does not so elect shall at any later time, whether in respect of the same or any subsequent appointment as private secretary to a Minister, be entitled to the benefits of this section.
54 Section 28 of the Civil Service Act, 1908, not to apply to grant of certain pensions.
(1.)
The provisions of section twenty-eight of the Civil Service Act, 1908, other than the provisions contained in paragraph (d) thereof, shall not apply to the grant of a pension or annual superannuation or retiring allowance to any person entitled thereto under the Civil Service Superannuation Act, 1858, or the Civil Service Act, 1866.
(2.)
When any such pension or allowance is granted to any person in pursuance of either of those Acts, a statement thereof shall be laid by the Minister of Finance before Parliament within ten days thereafter if Parliament is then sitting, or, if not, then within ten days after the commencement of the next ensuing session.
Part III Government Railways Superannuation
55 Special provision where employment of Railway servants interrupted by strike.
Whereas in the year eighteen hundred and ninety, by reason of a strike among the employees of the Government Railways Department, certain persons temporarily ceased to be employed in the Government service: And whereas certain of those persons were subsequently reinstated in the said Department, and are at the time of the passing of this Act contributors to the Government Railways Superannuation Fund: And whereas, by reason of their service having been temporarily discontinued in manner aforesaid, those contributors are unable to compute for the purposes of Part III of the Government Railways Act, 1908 (relating to superannuation), the period of their service antecedent to the said strike: And whereas it is expedient to make further provision in this behalf for the benefit of those contributors: Be it therefore enacted as follows:—
(1.)
If within six months after the commencement of this Act the sum of one thousand five hundred pounds is paid into the Government Railways Superannuation Fund by or on behalf of the aforesaid contributors, every such contributor shall be entitled to count for all the purposes of Part III of the Government Railways Act, 1908, the period of his continuous service in the Government Railways Department (including, if continuous therewith, the period of his provincial service) immediately antecedent to the commencement of the said strike, in addition to the period of his continuous service subsequent thereto.
(2.)
The last preceding subsection shall extend and apply to any person who, before the date on which the said payment of one thousand five hundred pounds is made, and whether before or after the passing of this Act, has retired from the service of the Government Railways Department on a retiring-allowance from the said fund, if in the computation of his retiring-allowance the period of his service antecedent to the said strike has by reason of that strike not been taken into account, and in the case of every such person his retiring-allowance shall be increased accordingly as from the due date of the first monthly payment thereof after the payment of the said sum of one thousand five hundred pounds.
(3.)
The said sum of one thousand five hundred pounds so paid into the fund shall form part of the fund, but shall not be computed as part of the contributions made to the fund by the contributors thereto.
56 General provision for broken service in Railways Department.
(1.)
If in the case of any person who is a contributor to the Government Railways Superannuation Fund at the commencement of this Act there has been at any time before the commencement of the Government Railways Superannuation Fund Act, 1902, any break or interval in his employment in the service of the Government Railways Department, the following provisions shall apply.
(2.)
If the said break or interval has not exceeded one year in duration, and if no pension or compensation has been received by the contributor in respect of his precedent period of service, the contributor may, if he elects so to do, pay into the Government Railways Superannuation Fund within twelve months after the commencement of this Act a sum equal to the total contributions which would become payable by him into that fund during a period of five years from the commencement of this Act if he continued during that period to receive the same pay as that received by him at the commencement of this Act.
(3.)
On such payment being made by the contributor he shall thereafter be entitled to count for all the purposes of Part III of the Government Railways Act, 1908, the same period of service as if he had been in the service of the said Department during that break or interval.
(4.)
The sum so paid into the fund by a contributor in pursuance of this section shall form part thereof, and shall be computed for the purpose of the Government Railways Act, 1908, as part of his contributions to the fund.
(5.)
If in the case of any contributor two or more of such breaks or intervals have occurred in his employment, the foregoing provisions shall apply to the latest of those breaks or intervals only.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Public Service Classification and Superannuation Amendment Act 1908
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