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©State of Queensland
QUEENSLAND
POLICE SUPERANNUATION ACT 1968-1979
[Reprinted as at 30 June, 1980]
Police Superannuation Act 1968, No. 58 As amended by
Police Ac~ ~n4 Another Act Ap~en«Jm,.!,mt Act '!97()?::No. 3~, Part III Sections s; 9, 10, 11 and 14 commenced 1S Jimuaiy 197I •(P!l"oc. pubd. Gaz. 16
January 1971, p. 120),
Police Superannuation Act Amendment Act 1970, No. 37 Police Act Amendment Act 1971, No. 57, s. 7
Section 7 commence~
+
J)ecember 1~71 (st;e P~liye Ao.t Anw~4~1?1lt Act 1972, No. 20, s. 2).Police Superannmtti~n Act 1974, No.
53
Section 70 (1) (but only in so
far
~s it amends ss. 42, 44, 51 A and 65A of Act No. 58 of 1~,61'!. ::t.s ameflded) and ss. 7Q (4), (5), (6), (7), and (8) commenced on date of Assent.Act (except as above) commenced 1 January 1975.
Police S~p.ei·aJ!J1Ua!~~n 4c~~ All!~~d.lllel!t Act :1.975,
No.
47, Part III Poli~~ Act ~ii.d~. ~notlJ.er ..Act
Al!len~me11t ·A~t 1977, No. 16, Part III Pollee ~upeJ:allnuapo~ ~cts AID~ll41DeP,t .Act 1977, )So •. 34, Part III Police Superannuatio~ Acts Amendment Act 1979~ _N(). 60, Part IIIAn Act to Consolidate and Atuend the Law relating to the Provision of Superannuation Benefits for Members of the Police Force, to make Provision for Their Families, and .for other purposes
[Assented to 24 December, 1968]
BE IT ENACTED by tpe Qu~en's Most EJ~:c:ellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in
:p~rliament assembled, a:nd by the authority of the. same, as follows:-
PART I-PRELIMINARY
1. Short title and commencefu~nt. ( 1) This Act may be cited as the Police Superannuation Act 1968. -.
, ';'"' -: ~, '
. (2) E_xcept ~s in t~s Act.' 9t~erwise provj.c1ec1, thi~ Act. shall come mto operation on· the seventh day of July, one thousand nme hundred and sixty-nine.
Collective title conferred by Act of .1979, No. 60, s. 21 (2) (as from 1 January 1980). . ·- ... · . ' . . . .
2 ss.2,3 POlU~JPERANNUATION ACT 1968-1979
2. Parts, of "Act. This Act is divided into Parts, and Divisions of Parts, as f!611o\VS'f-
P"A>R'T I-PRELIMINARY (ss. 1-4);
PART Il...,-ADMINISTRATION (ss. 5-21);
PART . Ill-CoNTRIBUTioNs-
Division /-Contributions by Members of the Police Force
(s. 22); ·
Division II-Scale of Units (ss. 23-30);
Division Ill...,-Scale of Contributions by Members of the Police Force (s. 31);
D!vision Ffl'-Reserve Units of Benefits (ss. 3~35);
Division V-Payments by the Crown (s. 36);
PART IV-BENEFITS AND PAYMENTs-
Divisionl...L..Annuity Benefit (ss. 37-<38);
Division II-Incapacity Benefit (ss. 39-40);
Division· III-Assu,rance Benefit (ss. 41-42);
Division IV-Additional Assurance Benefit for Children (ss.
43-44);
Division V -,-Surrender Values and Refunds of Contributions
· for Annuity and Assurance Benefits (ss. 45-47);
Division VA-Commutation of Annuity Benefit (ss. 47A-47c);
Division VI-General Provisions respecting Benefits (ss.
48-56);
PART V-TRANSITIONAL PROVISIONs-
Division [-Interpretation (s. 57);
Division II-Contributions for Units of Benefits by Members of the Police Force (ss. 58-60);
Division Ill-'--Persons in receipt of Superannuation Allowances etc., under the repealed provisions (ss. 61-67);
Division IliA-Commutation of Superannuation Allowance (ss.
67A-67B);
Division IV-Incapacitated Members oj the Police Force (s. 68);
Division V -Medical Certificates ( s. 69) ;
PART VI....,.-MrscELLANEous (ss. 70-82).
As amended by Act of 1970, No. 37, s. 3 (as from 4 January 1971).
3. Repeals and savings. ( 1) The several Acts mentioned in Schedule III to this Act to the extent thereby expressed to be repealed are hereby repealed accordingly.
POLICE SUPERANNUATION Acr 1968-1979 s. 4 3 (2) The contributions by a member of the Police Force under the repealed provisions to The Police Superannuation Fund established thereunder by way of deduction from pay and salary during the period commencing on tbe sixth day of January, one thousand nine hundred and sixty-nine and ending on the sixth day of July in that year shall be made subject to tbe member continuing in employment as such-
(a) in the case of a member of the Police Force in office at the commencement of that period, as if during that period he continued to be paid at the rate of pay and salary which was applicable to him at the commencement of that period; and (b) in the case of a member of the Police Force appointed after that commencement, as if during the part of the period from and after his appointment, he continued to be paid at the rate of pay and salary which was applicable to him on his appointment.
(3) Subsection (2) of this section shall come intooperation on the sixth day of January, one thousand nine hundred and sixty-nine.
4. Meaning of terms. ( 1 ) In this Act, unless the context otherwise indicates or requires, the following. terms shall have the meanings respectively assigned to them, that is to say:-
''Actuary"-a Fellow or Associate of the Institute of Actuaries (London), or a Fellow or Associate of the Faculty of Actuaries (Edinburgh), or any other person of whose actuarial knowledge and experience the Governor in Council approves;
"Age for retirement"-
(a) in the case of the Commissioner of Police, the age of sixty- five years; and
(b) in the case of any other member of the Police Force, the age of sixty years;
"Board"-The Police Superannuation Board constituted under the Police Superannuation Act 1974;
"child"-a child (including a child adopted by a contributor before he ceased to contribute for benefits under this Act) under the age· of sixte~n years: the term includes a person of or over the age of sixteen years but under the age of twenty- three years who is receiving, in the opinion of the Board, full time education at a school, college or university;
"commencement of this Act" -the date upon which, save as otherwise provided, this Act comes into operation;
"contributor"-a member of the Police Force who contributes under this Act to the Fund;
"Division"-a Division of a Part of this Act;
"Fund"-The Police Superannuation Fund preserved, continued in existence and established under the Police Superannuation
Act 1974; . . .
2 ss.2,3 POlUO!iMUPERANNUATION ACT 1968-1979
2. Parts of Ad. This Act is divided into Parts, and Divisions of Parts, as f.ollowS«-
PA'RT I-PRELIMINARY (ss. 1-4);
PART II-ADMINISTRATION (ss. 5-21);
PART III---:-CONTRIBUTION8-
Division /-Contributions by Members of the Police Force (s. 22);
Division JI-Scale of Units (ss. 23-30);
Division III-Scale of Contributions by Members of the Police Force. (s. 31);
D!vision IV;_Reserve Units of Benefits (ss. 32-35);
Division V-Payments by the Crown (s. 36);
PART IV-BENEFITS AND PAYMENTs-
Division J..L..Arrnuity Benefit (ss. 37 ....
38 );
Division II-lncapacity Benefit (ss. 39-40);
Division lll---:-Assurance Benefit (ss. 41·42);
Division IV-Additional Assurance Benefit for Children (ss.
43-44);
Division V -Surrender Values and Refunds of Contributions
· for Annuity and Assurance Benefits (ss. 45-47);
Division VA-Commutation of Annuity Be!lefit (ss. 47A-47c);
Division VI--General Provisions respecting Benefits (ss.
48-56);
PART V-TRANSITIONAL PROVISIONs-
Division /-Interpretation (s. 57);
Division II-Contributions for Units of Benefits by Members of the Police Force (ss. 58-60);
Division /ll--'--Persons in receipt of Superannuation Allowances etc., under the repealed provisions (ss. 61-67);
Division IliA-Commutation of Superannuation Allowance (ss.
67A-67B);
Division IV-lncapacitated Members of the Police Force (s.68);
Division V-Medical Certificates (s. 69);
PART VI-MISCELLANEous (ss. 70-82).
As amended by Act of 1970, No. 37, s. 3 (as from 4 January 1971).
3. Repeals and savings. ( 1) The several Acts mentioned in Schedule
III to this Act to the extent thereby expressed to be repealed are hereby repealed accordingly.
4 ss. 5-20 POLICE SUPERANNUATION ACT 196~-1979
"incapa,.~ity" -!,! m.~ntal or bodily infinp.ity by relj.son whereof a . member of
tlie
:Polic~ Force is UI).pfto discharge or inc!;tp!!ble of Jd~schargffiiilie
duties. of his offi~ efficientiy; . ."M!;tnager"-The Manager within the. meaning of ~ection 4 of the Police Superannuation Act 1974; ·
"medical practitioner'' - a medical praCtitioner or a specialist within the meaning
of
section 4 of The Medical Aets 1939to
1966; · · · ·''member of the Police Force"-includes the Commissioner of . . . . Police, the t~eputy Commjssioner: .61:' Police~ every Assistant Coll).missioner ariq eyery supefinfenaent (including the Chief Superiritendent),.irispector, sergeant and constable of police appointed pursuant lo The:J?oltce Acts 1937 to 1964 to the Police Force of the State of. Queensland;
"Minister"-the Minister for Mines, Energy and Police or other Mjnister of the Crown for : the time .being charged with the administration of this Act: The term includes a Minister
~in\~fer ~~~~s~~gi~t~ft~ri~nWP;~ th~
duties of the~ 1 •• , • • , • : " > i"i :\ ·-.. , .. · -·· . • ·• · ,.· ',. r·.; ; ,-.~
"Part"-a Part of this Act· .----·; '. :. '
'~.rep~ale<;l provis~ons''~the pr9vi~io~s .set o:gJ ip .. column 3 of
· ~~hed;tde III· ~o thi~ Act · .reyeaJed py" sectio!l 3 of this Act;
''retired",-in relation to employment as a member of the Police Force, retired from that employ.ment or required to retire from that employment by the Governor in Council or by the Commissioner of Police;
"sal;try"-,-tl:le re11).qt:~.era,.tio11 qrdin~ly . r~eive<;l in money by a ... member of the Police Force as tlie ordinary pay of his rank:
TP,.e term \foes nqt incl~de any allowan-ce ·in kind or any money paid to the member by way of allowance other than an allowance which is solely irt the nature of an increase in the remuneration received in money by him as the ordinary pay of his rank. · · ·
( 2) A refere11ce in this Act to a period expressed in years shall, where appropriate, be read as including a reference to a 'period expressed in years ·together with a fraction of a. year being a fraction consisting of a coll1pleted whole month or two or more such months. ··
As amended by Act Qf 1970, Np. 36, s. 24 (as frorri 18 January 1971); Act of 1974, No. 53, s: 70 (1) Sch; Act of 1977, No. 16, s. 11; Act of 1977, No. 34, s. 23 (a,s fnom 29 August ~977); Act of 1979, No. ~0, s. 22 (as from 1 January 1980). . .. . ' .
PAin II-ADM~NISTRATIO.N
5. Administration. Tbjs Act shall be a4ministered by the Minister and, subject to the Minister, ·by, the Boord. · ·
6-20. (Repeale~.)
Repealed by Act of 1974, No. 53, s. 70 (2).
ss.
zi,
22s . . 21. P()wer to
de41ittebuntis additit.D.S •. (l)
The Boatd may, from time to time, upon the advice o£ the actuary appointed pursuant to thls Act, declare that there shall he payable from· that part of any surplus to whlch section 20 of the PoliceSuperannuation
Act 1974 applies that is deemed to be derived from contributions to the Fund by contributors in respect of all or any units of benefit under thls Act such additional amounts by way of bonuses as to the Board shall seem meet.( 2) Any such declaration may apply to a period of time or may apply without reference to a period of time.
. . (3) The Boardma,y at any time upon the. advice of the actuary cancel, alter, vary or otherwise modify any declaration made pursuant to subsection ( 1 ) of thls section.
( 4) Any person entitled to l:itry units of benefit under this Act in respect whereof additional amounts by way of .bonuses have been declared shall, whilst a declaration
to
whlch thls section relates remains in force, be entitled in respect of such units to payment from the Fund of additional sums in accordance with the declaration and not otherwise.( 5) Any reference in thls Act to the amount of a unit of benefit shall unless th(} context other-wise indicates or requires be taken to exclude any additional amount by way of bonus in respect of that uhlt.
(6) Any. declaration pursuant to this section and any modification of such a declaration shall be subject to the approval of the Treasurer.
As amended by Act of 1974, No. 53, s. 70 (1) Soh.
PART Iii-CoNTRIBUTIONS
Division [.:_Contributions lJy Members of th'e Polite Force 22 .. Commencement. of cdrttdbutions.. ( 1) SuBject io this, Act, every persotl who is a m~:tnb,er of the P?lice Fotce shall cbntribute to. the. Fund as fr(?m the prescribed date ahd thereafter uritil the lasj: day of the fort-
nU~h,tlY. pay-pe~od preceding the day on w~i9h he at~~ins the age for tetrremeht or hls employment as a member of the Pohce Force sooner ceases.
:Notwithstanding. tl:iis subsection, a member who is contributing for units_ of benefit effected at ages over
55
years 6 months shall contribute to the Fund in respect· of those units in accordance with the tables of contributions contained in Schedules II and IIA.(2) In the case of a member of the Police Force who was immedi- ately prior to the seventh day of July, one thousand nine hundred ~d
sixty-nine, a contributor by way of deductions from pay and salary to The Police Superannuation Fund established under the repealed provisions, the prescribed date shall be the seventh day of July, one thousand nine hundred and sixty-nine.
( 3 ) In the case of an officer to whom subsection ( 2) of this section does not apply, the prescribed date shall be the fust day of the periodical interval at whlch contributions to the Fund are prescribed to be made next after the date when the Board accepts him as a contributor.
~ s .. -22 POLICE ,SUPERANNUATION ACT 1968-1979
· ( 4) The contribution to be made by a contributor to the Fund shall be payable periodically at such intervals as may be prescribed and shall be deducted from the salary payable to him accordingly.
( 5) Until some other periodical interval is prescribed such contribu- tion shall be payable by and be deducted from the salary of the contributor
fortnightly. ·
( 6) All deductions made. from the salaries of members of the Police Force in respect of contributions to the Funds shall be credited thereto.
(7) Any amount of the contributions and any additional payment prescribed by section 30 ( lA) to be made by a contributor not paid by deduction from his salary as prescribed by.'-'Subsection ( 4) of this section shall be paid in such manner as the manager directs and, if directed by the manager, may be deducted from his salary in addition to the deductions from his salary as prescribed by subsection ( 4) of this section.
(8) Notwithstanding the· preceding provisions of this section, the Board may recover by action as for a debt any amount of the contributions or any additional payment to be made by a contributor which is due and . unpaid.
(9) For the purposes of subsections (7) and (8) of this section, the amount of any unpaid contributions and additional payment prescribed as aforesaid shall be the aggregate of the amount thereof due and unpaid and of the interest thereon which would have accrued to the Fund had the same been duly paid.
( 10) Where the contributions and any additional payment as afore- said to be made by a contributor are in arrears to the extent prescribed as respects amount or time; or both, the Board may determine all rights of the contributor to benefits under this Act, and thereupon shall pay to him a sum equal to the aggregate of contributions and the amount of any such additional payment, whether paid or in arrears, payable by him
to
the Fund to the date of such determination accumulated, in respect only of contributions so payable and not of any additional payment as aforesaid, at the rate of one and one-quarter per centum per annum compound reduced by the aggregate of the amount of the arrears of contributions and of any additional payment as aforesaid and of the interest thereon which would have accrued to the Fund had the same been duly paid.(11) Where a person ceases to be a member of the Police Force but before the expiration of one month after so ceasing again becomes such a member, the person may, where the Board so approves (whether subject to conditions or unconditionally) on the application in writing of that person, be permitted to contribute to the· Fund in respect of the period between his so ceasing to be a member of the Police Force and his again becoming such a member and where a person is permitted to contribute to the Fund under this subsection that person shall for the purposes of this Act be deemed to be and to have been a member of the Police Force during the period in respect of which he so contributes and this Act shall apply in relation to him accordingly.
As amended by Act of 1974, No. 53, s. 70 (1) Sch; Act of 1977, No. 34, s. 24 (as from 29 August 1977); Act of 1979, No. 60, s. 23 (as from 1 January 1980).
POLICE SUPERANNUATION ACT 1968-1979 ss. 23,.2~ 7
Division II-Scale of Units
23. Salary for the purposes of this Division. (1) In this Division
"salary" in relation to a member of the Police Force means the fortnightly salary of that member of the Police Force.
(2) The fortnightly salary of a member of the Police Force who is paid salary at a rate other than a fortnightly rate of salary shall be ascertained as prescribed.
(3 ). Different such prescriptions may be made in respect of members of the Police Force in different classes of members of the Police Force.
24. Scale of units of annuity, ·incapacity and assurance benefits. ( 1 ) Subject to this Act, contributions by a member of the Police Force shall be in respect of units of annuity, units of incapacity and, in the case of a male member of the Police Force, units of assurance benefits as respectively defined by sections 38, 40 and 42 of this Act, and the number of units of those benefits respectively in respect of which a member of the Police Force shall contribute is the number specified in column 2 of the scale contained in Schedule I to this Act opposite to the salary group within which his or her salary falls.
(2) Where, at the time when a member of the Police. Force becomes a contributor, he ·or she has attained the age of thirty-five years, but is under the age of fifty-five years, he or she shall contribute to the Fund-
( a) unless he or she is entitled to elect and elects as prescribed by paragraph (b) of this subsection, such a sum as will provide units of benefits _to the number specified in. column 2 of the scale contained in Schedule I to this Act opposite to the salary group within which his or her salary falls; or
(b) if the sum specified in paragraph '(a) of this subsection exceeds the rate of five and three-quarters per centum of his or her salary such sum (being a sum which will provide units of benefits to a number specified in the said scale) not less than five and three-quarters per centum of that salary and not exceeding the sum specified in paragraph (a) of this sub- section as he or she may, not later than· six months after the date on which he or she becomes a contributor, elect to
contribute. ·
(3) Where, at the time when a member of the Police Force is required to become a contributor, he or she has attained the age of fifty-five years, he or she may elect not to contribute to. the Fund or to contribute thereto such a sum (being a sum which will provide units of benefits to a number not exceeding the number specified in column 2 of the scale contained in Schedule I to this Act opposite to the salary group within which his or her salary falls) as he or she deems fit, but unless he or. she elects to so contribute not later than six months after the date on which he or she is required by this Act to become a contributor, he or she shall not be entitled, save as provided by section 26 of this Act, or required to contri- bute to the Fund for any benefit whatsoever under this Act.
8
s.24
POLICE SUPERANNUATION Acr 1958-1979( 4) If. the salary of a corttrlbiitor is increased and, by reason of that increase, falls within a salary group in column l of the scale contained in Schedule I to this Act higher than the salary group in which it fe11 prior to the increase, the following provisions shall apply:-
(a) if the member of the Police Force has attained the age of thirty-five years, but is under the age of fifty-five years, and is contributing for the number of units corresponding to the salary group within which his or her salary fell immediately prior to the iricrease, he or she shall increase the amount of his or her contribution to the Fund to-
(i) unless he or she is entitled to elect and elects as prescribed by subparagraph (ii) of this paragraph (a), such a sum as will provide· units of benefits ·to the number specified til column 2 of such scale opposite to the salary group within which his or her increased salary falls; or
(ii) if the sum specified in subparagraph (i) of this paragraph (a) exceeds the rate of five al1d three-quarters per centum of that increased salary; stich sum (beitig a shn,i which will provide muts of benefits
to
a nuniber specified in such scale) not less than five and three-quarters per centrii:n of that increased salary and. not exceeding the sum specified insqbparagraph (i) of this paragraph (a) as he or she may, not later than six months after the date on which his or her salary · is increased, elect to contribute;(b) if the member of the Police Force has: attained the age of
thirty~five years, but is .under the age of fifty-five years, and is not contributing fot the niuilber of units corresponding to the. salary group within which his or her salary fell immedi- ately prior to the increase, he or she shall increase the . amount of his or her contribution to the Fund to-
. (i) unleSs he or she is entitle<iJo eiect and eiects as prescribed by subparagraph (ii) of this paragraph (b), such sum as
. will
add to the nuniber of units for which he or she is con- tributing the niaximmn number of additional units for which he or she ·could have eoritributed if he or she had bee:q. a contributor to whom paragraph (a} of this sub- section applies; or(ii) if the sum specified in subparagraph (i) of this paragraph {b} exceeds the rate of five and three-quarters per centum of that increased salaty, such sum (being a stun which will provide units of benefits to a number specified in the said scale) not less than five and three.,.quarters pet centum of that increased salary and not exceeding the sum specified in subparagraph (i) of this paragraph {b) as he or she may, not later than six months after the' date on which his or her salary is increased, elect to contribute;
(c) if. the member of the Police Force has attained the age of fifty-five years he or she may, subject to paragraph (d) of this section, elect to increase the amount of his or her contribution
POLiCE
SUPERANNUATIONACT
1968-1979 8.24 9 to sucha
sumas
wiil provide iui:its of benefits under this Act to. a nuniber not exceeding the number specified in columti 2 of the scale. contained in ScHedule I to this Act opposite to the salary group in which his or her increased salaty fa:lls, · btit '41lless he or sh¢ so elects hot hitet: than six months after the date on which his or her salary is increased, he ot she shall Rot be entitled, save as provided by section 26 of this Act, or reqUired to increase his or her contribution by reason of such increase itt salary;(d) a member of the Police Force to whom paragraph (c) of this subsection appli¢s shall not, in respect of any increase in salary, be entitled or per.in1tted under that paragraph to increase the amount of his or her contribution so as to add to the number of units for Which he or she was contributing itnmediate1y prior to that increase additional units itt excess of the number prescribed itt relation to that increase by such scale;
(e) in aU other cases, tl1e contributor shall increase the amount of his or her contribution to such a suin
as
will provide units of benefits to the ntinib~t specified in colurim 2 of the sc::ile contained in Schedi.Ile I to this Act opposite to the salary group within which his or her increased salary falls.(5) Any .increased contribution payable 1n pursuance ,of paragraphs.
(a), (b) or (e) of subsection ( 4} of this section is payable as from the first day of the periodical interval at which contributions to the Fund are prescribed to be made next after the daf.e-;..
{a) upon which the contributor's salary 1s increased; o:t
(b) from which the contributOr's salary is increased, whichever is
the later. · ·
( 6). Any increased contribution payable itt ptirsuance. of paragraph (c) of subsection ( 4) of this section is payable as from the fitst da:y of the periodical interval at whiCh contributions to the Ftilld are prescribed to be made next after the date of the eleetion. · ·
(7) For the purposes of this Division where the salary of amember of the Police Force falls within the salary group "exceeding four hundred and fifty dollars twenty cents" set out iri Colurim 1 of the scale contained in Schedule I to this Act, the number ascertained in accordance with the formula in Column 2 of that scale set opposite that salary group shall, with respect to that member, be deemed to be the number specified in Column 2 of that scale opposite to the salary· group within which his or
her salary falls. .
(8) For the purposes of the application at any time in relation to a contributor of the formula in Column 2 of the scale contained in Schedule I to this Act opposite to the salary group "exceeding four hundred and fifty dollars twenty cents" in. Column 1 of .that scale-
" A" denotes the number of times (disregarding· any fraction less than one) by which the fortnightly salary of the contributor exceeds the sum of four hmidred and fifty dollars twenty cents by the surn of six dollars thirty-eight cents.
,10 's. 25 POLICE SUPERANNUATION ACT 1968-1~79
(9) For the purposes of contributions for units of benefits by mem- bers of the Police Eorce in accordance with the scale contained in Schedule I to this Act, the salary of every member who is a contributor at the commencement of the Police Superannuation Act Amendment Act 1970 shalf be deemed increased on and from the date of that commence- ment from the maximum salary within the salary group in Column 1 of the said scale opposite to the number in Column 2 of the said scale that was the number specified in Column 2 of the scale contained in· Schedule IA to this Act opposite to the salary group in which his or her salary fell immediately before the commencement of the Police· Superannuation Act Amendment Act 1970 and this Act shall apply accordingly~
·As amended by Act of 1970, No. 37, s. 5 (as from 4 Januatry 1971).
25. CDntributions by m~mbers of Police Force who retire at sixty- five years of age. ( 1 ) This section applies to every member of the Police Force for whom the age for retirement is sixty-five years of age.
(2) Every member of the Police Force to whom this section applies who was a contributor immediatelY before the time at which he became such a member of. the Police Force shall continue to contribute to the Fund until he attains the ~ge of sixty years the sum that he was contributing thereto immediately before .that time and the contribution shall be in respect of the number of UJ,lits of benefits for which he was so contributing and which shall continue to be based upon an age for retirement of sixty years. ·
(3) Where a member of the Police Force to whom subsection {2) of this section applies is . required or entitled pursuant to this Act to increase the amount of his contribution to the Fund by reason of an increase in salary on beco:rillng such a member of the Police Force or thereafter, he shaU increase his contribution to the Fund by such sum as will, at rates of . contributions determined by the actuary appointed prirsuant to this Act upon the basis of . an age for retirement . of sixty:- five years and approved by the B()ard, provide additional units of benefits to the number for which he is required to contribute or, as, the case may be,
for which, being entitled to elect to contribute, he so elects.
( 4) A member of the Police Force to whom this section applies shall not be entitled on attaining the age of sixty years to payment of annuity bene:f:it in respect of the units of such benefit for which pursuant
to
subsection ( 2) of this section he continued· to make contributions based upon an age for retirement of sixty years but subject· to subsection ( 5) of this section he shall on attaining the age of sixty-five years be entitled . to ·receive annuity benefit ·in respect of those units in all respects , as if he had been contributing for those units on attaining the age ofsixty-five years.
(5) The amount of annuity benefit payable in respect of the units to which subsection ( 4) of this section applies shall be increased by an amount ascertained by multiplying the portion of the annuity benefit corresponding to the, contributions made by the contributor by a percentage
POLICE SUPERANNUATION ACT 1968-1979 s. 26 11
determined by the actuary appointed pursuant to this Act and approved by the Board. as being . attributable to the increase in value of the contributions to the Fund .in respect of the units of annuity benefit in question derived from the contributor by reason that payment of annuity benefit was postponed until the contributor attained the age of ·sixty- five years.
(6) On attaining the age of sixty years, a member of the Police Force to whom subsection (2) of this section applies shall thereafter until he attains the age of ·sixty-five. years continue to contribute to the Fund for units of ·incapacity benefit to the number for which he was contributing pursuant to subsections. {2) and (3) of this section immedi- ately before attaining the age of sixty years and shall contribute such sum as will, at rates of · contributions determined by the actuary appointed pursuant to this Act upon the basis of an age for retirement of sixty-five years and approved by the Board, provide those units of incapacity benefit.
(7) Every member of the Police Force to whom this section applies who was not a contributor· immediately before becoming such a member of the Police Force shall contribute to the Fund for the units of benefits for which ·he ·is required or entitled • to contribute pursuant to this Act such suni as will, at rates of contributions determined by the actuary appointed pursuant to this Act upon the basis of an age for retirement of sixty-five years and approved by the Board, provide units of benefits to the number for which he is required to contribute or, as the case may be, for which, being entitled to elect to contribute, he so elects.
26. When member of Police Force may . voluntarily increase his contribution. ( 1) Any. member. of the Police Force who is not contributing to the Fund for units of benefits to the number thereof specified in the scale contained in Schedule I to this Act opposite to the salary group within which h~s or. her salary falls may, subject to this section, elect to increase the amount of his or her contribution. .
-
(2) Such an election may be
to
contribute for any further number of units of benefits up to, but not exceeding, the difference between-(a) the number thereof specified
ill
the said scale opposite to the salary' group in which the salary of the member of the Police· Force inaking the election falls; and
(b) the number thereof ·for which such· member of the Police Force is contributing.
(3) Unless exempted by the Board therefrom a member of the Police Force shall, before . at any time increasing the amount of his or her contribution to the Fund under this section, be medically examined at his or her own expense by a medical practitioner.
( 4) A member of the Police Force shall not at any time increase the amount of his or her contribution to the Fund under this section if, after considering the report of the medical practitioner, ·the Board is not satisfied that the health and physical condition of such member of the Police Force are such as would justify his or her being then accepted as a contributor.
H
~.27 f>oLICE SUPERANNUAtioN ACT 196S-1!h9. (S) ;\ny increased ,contribtidorilinder this section shail be payable as froiil the .first day .of .the· .periodical irtterval .at whiCh contributions to the Fund· ate prescribed to be niade riext after the date when .the Board accepts as a contributor. under this section tb:e membet of the Police Fotce making the election.
27 .. Pbwer to Board to exempt,
etc., .
from contributing. ( 1)~cc:ordihg
as
the circumstances of any case .in its opinion warrant, the Board may exempt a member of the Police Force wholly or partly from the requirement imposed upon him or her by this Act to contribute, or at any tinie to increase . the amount of his or her contribution, to the Fund, or the Board may defer (either fora
period specified by it or without specifying any period) such requirement in respect of either such contribution or any increase in the amount thereof.(2) When the Board specifies the period for which it defers the contribution or ariy increased contribution required by this Act to be paid by a member of the Police Fotce, then upon the expiration· of that period (or of any extension thereof which it is hereby declared the Board may grant) that member of the Police Force shall, unless the Board wholly or partly exempts him or her ftom so doing, pay to the Fund the contribution or increased contribution then required in his or her case by this Act.
( 3} When the Board does :ti()t specify the period for which it defers the contribution, . or any increased . contributio~, requited by this Act to be paid by a rliembet of the Police Force, the Boatd
niay
at a11y later time detetmirie . that deferment . and thereupon, unless the . Boatd . 'Yholly ot partly exempts him or her from so d(Jing, the member of the Police Force concerned shall pay to the Fund the contribution or iricreased contribution then. required in his or her case by this Act.. .
.. · .. (3A) According as the . circumstances OI any Case .in its opinion
v,rartan.t,
the Board shall, subject. to subsection (3B) ofthis section, exempt·a coritributcir who had attained the
age
of forty~ fiveyears
before the com- mencement of .. the Police Superamiudtion .. Act .. Amendment Act 1970 wholly or partly from the requirement imposed bY, this Act to contribute in accordance with subsection ( 2) of section 31 bf this Act in respect of the units of benefits to which that subsection applies and in respect of any such ilriits of benefits to which the exemption relates any contributor .so exempted shall, instead of contributing in accordance with the said subsection, continue to contribute iti aceordance with the applicable table of contributions contained in Schedule II to this Act.(3:13) No exemptibn shall be granted by the Board under subsection ( 3A) of this section unless application in writing therefor is lodged with the Board before the expiration of a period of sixty days commencing on the date of commencement of the Police Superannuation Act Amendment Act 1970.
PQLICE SUPERN;lNU.f\TION ACT 19~-1979 ~·~ 13 (4) 111 t4e case of apy memo~r
qf
t4~ Po~ice Forc;e (including ."!- member of the Police Force to w,honi sql:>sectiop. (2) or (3) ·of thi;;s~ti!)n applies) partly exempted by the :EJoarq·frmn ma~ing the contribiJ.,.
tio:p or
anY it!
creased '.contribution. required in his or j:ler case by tJtis Act, the payment which he or she would be otherwise required to make shal1 be reduced by the amount of the exemption. · · · · ( 5) Where a contributor satisfies the Board that adequate provision J¥fs ]Jeen I!l~Pe 1gr t11e c0n,tribu.tor®d.
in th~ cast? Qf a mal~ contributor,lris
family, or thM coiJ.t!nP.e<i ~ontrib:Q.ti9.ns. for t,he .Jlumberot
upits forwhich. he or
she is
c~mtril::mtipgwill.
~~:g!2e him' or her undue hardship, of th<!.t for apy other re~:~.son wl:lich .t,he :aoru:d deems· adequate be or .she shpuld -~ pepnitt~d, to surrender :t,mi.ts, the :ao;:~.rd may permit the contributor to surrender SQI'9e or all Qf the JJ.nits of bt!11eijts undet .this Act for which he or she is contributing.· · · ( 6) The sum· equal to the aggregate of· an· amounts paid by the con- trib:utor in r~pect · ·of.
1:!J1its .
of ann~ty benefit, incapaCity· benefit · alld assuran.ce• benefit · surrendered under subsection ( 5 ~ accumulated at the rate •of one and one-qtiru::ter pt!r' centumper.
a:riilum eonipound ·shall oe paid to the contributor. · · · · ' · ~-. · • ·:···· · · ·.. (7) TJ?..e
ll~its ~~gelfd~r~ qy ~
??I1ti,i\;>,ut(}fllpd,~r •S\lpse~Jjp,q.
(5)!!};tall b~ .· . • . .· · '· ·
. . . ... (a) .
m
~ ~as~ Whf.\r~. the pontrib'!JiPr is epntrihU.ting unde:r section· 2p for 11nits of 'P.e11~t, t!los~ units ij the ~o11tributor :t1r9pljna,~~ thqs.e qffits as. tb..e
umts
~o ··~ su!Tende,r~; .. · (D) in a C~.e Otpe~ tha,n, ony refe~fe~ to ip proyision • (a) P_f tffl~. . sul?se:cUoi11 t.Jl.qs!f umts for whjp~ h~ las! lxf~ap. to cont11Rute,.
As ·amended •by Act of 1970, No. 37, .s. · 6. (~ from 4 JaQUal'Y 1971); Act of 1~74,
No. 53, s. 70 (1) Sch.;. Act O!f 1975, No. "47, s. 14. ·~ ... · . . . · · · e
28. Member reduced
!n
sa!ary. (1) Where the salary of. a .con;.tributor has been reduced and by reason of that redm~tion falls within a salary group in column 1 of the scale contained in Schedule lto.this Act lower than: the salary group in. which. it would fall if it had not been reduced, the contributor may . elect to reduce the number . of units in respect of which he • or she shall contribute . to a number not being less than the number of units ·appropriate to the salary. group· to .which his or .her salary hilS been reduced, and thl:l sum equal to the aggregate of all amounts paid by him or her in respect of units of annuity benefit, incapacity benefit and assurance benefit, in excess of the reduced number of units accumulated at the rate of one and one-quru::ter per cen,tum per .annlJ.m comp,ound shall be p~d to~ 0r her. · ·· · ·
(2) Acontributor electing under subsection (1) of this section shall surrender first the unit or units for which he or she last began to contribute.
' ' ,.. . ' . .
( 3) The bene~ts (save the additiop.~ ~ssurans;~ b~netit ip. respffit o~
~hildren) paya.b,Ie '!l;D:der $is Apt in respeCt
of
u:pits :respe¢ttxely p{aunuity benefit, incapa9ity b,e1lefit and assurance beneijt inpl:LJ.ded in tP,<f nip.11ber of units. in eicel!Soi
the · nu1pber app;ropfia~y tp th~ salary gro].Ip to wlJ.ich the salary ofa
contributor has been r~4u~e4 shall, wpij~t _the 11nit cP»tin\l,es14
ss. 29,30 POLICE SUPERANNUATION ACT 1968-1979to be a :unit in excess of the number appropriate to the salary group in which the salary of the contributor falls for the time being, be reduced to thirty-five per centum of the rates thereof. which, save for this paragraph, apply under subsection (1) respectively of sections 38, 40 and 42 of this Act.
As amended by Act of 1974,
No.
53·, s. 70 (1) Sch.· 29. Units of benefits to be contributed for in equ,al numbers. At all times units (including units to :which Divisipn IV applies) respectively of annuity -benefit, incapacity benefit and, ii1 the case of a male contributor, assurance benefit, shall be cont:fibuted for in equal numbers arid accord- ingly a contributor shall not be allowed to contribute 'at any time for more units of one such benefit than of another.
30. Peqod for which conQ:ibutions are ··to continue •. ( 1) Save as provided .imder .section 25 of this Act,.· a member of the Police Force shall continue to (;ont;ribu~e as ·prescribed to the Fund until the last day of the fortni_ghtly pay-,peri0'4.. preceding the day on which he or she attains the age for retirement or his or her earlier retirement from service or his or her employme.qt as a member of the J;lolice Force is sooner terminated by· death, l'esignation or· otherWise howsoever · and shall, in respect of any period of suspension, recreation leave, sick leave or other leave of absence,··eitherwith or without·salary, pay contribution and other payments as .required by this section, as for a period of service, without reduction.
Notwithstanding this subsection, a member who is cdhtributing for units of benefit effected at ages over 55 years 6 months shall contribute to the Fund in respect of those units· in accordance with the tables of contributions contained in Schedules II and IIA ..
( 1A) Where leave of absence to which subsection ( 1) refers other than sick leave of absence without pay is granted to a contributor for a period exceeding 14 consecutive days and such leave commences on or after the commencement of the Police Superannuation Acts Amendment Act 1979, he or she shall, in addition to continuing to contribute to the Fund as provided by the said subsection (1), pay to the Fund in respect of the period of the Jeave of absence so granted an amount equal to such proportion of the payment that is required to be made by the Treasurer into the Fund under section 36 (1) as in the opinion of the Actuary, relates to that contributor and the period of absence without pay granted to him or her: ·
Provided that where such leave of absence is granted for a period of 13 weeks or more, the contributor to whom such leave of absence is granted may elect not to pay contributions to the Fund in respect of the .period of leave of absence so granted and, where a contributor so elects, such contributions shall ceas~ . to be payable during such . period and the Board shall waive the payment
to
the Fund required by this subsection to be made by such contributor; but in any such case the benefits under this Act to which such contributor or the contributor's dependants may become entitled shall be . reduced· by such amounts as are determined by the Actuary and approved by the Board: ' ·POLICE 'SUPERANNUATION ACT 1968--1979 s. 30A 15 Provided further that the Governor in Council may waive the require- ment to make payments to the Fund under this subsection either uncon- ditionally or upon such terms and conditions as he determines in a particu- lar case or with respect to a class of case.
·· · (2) Where a contributor is under suspension without salary or at less than full salary, the Board may, upon his or her application, permit the contribution in respect of the period of such suspension to be made to the Fund in such manner as respects periodical amounts or times of payment, or both, as the Board approves.
( 3) A contributor to whom leave of absence without pay other than sick leave of absence without pay is granted for a period exceeding 14 consecutive days, such leave commencing on or after· the commencement ofthe'Police Superannuation Acts Amendment Act1919, shall-
(a) prior to the commencement of such leave of absence, pay to
the Fund- ·:'.
(i) the total amount of contributions that he or she is required to pay under this Act for the period of such leave of absence; .and ·
(ii) the total amount that he or she is required to pay pursuant to subsection {lA); or ·
(b) make arrangements satisfactory to the Board for payment .during the period of such leave of the. amounts referred to in subparagraphs (i) and (ii) of paragraph (a) by such instal- ments and at such intervals of time as the Board approves.·
Where a contributor to whom this subsection applies is granted leave of absence to which this subsection relates for a period of 13 weeks or more and such contributor does not make an election under subsection {lA) and--'
( c) does not make as prescribed payment of the amounts referred to in subparagraphs (i) and (ii) of paragraph (a); or (d) does not make pursuant to paragraph (b) arrangements satis-
factory to the Board for the payment of those amounts and pay those amounts,
the Board may reduce the benefits to which the contributor or the con- tributor's dependants may become entitled under this Act by such amounts as are determined by the Actuary and approved by the Board.
As amended by Act of 1970, No. 37, s. 7 (as from 4 January 1971); Act m 1977, No. 34, s. 25 (as from 29 August 1977); Act lOf 1979, No. 60, s. 24 (as from
1 January 1980). ·
. 30A. Refund of excess contributions. Where a contributor has paid to the Fund contributions in excess of those prescribed by this Act, the Board shall refund to him such sum of money ·in respect of those contributions as is determined by the Actuary and approved by the Board.
Inserted by Act of 1977, No. 34, s. 26 (as f•om 29 August 1977).
POLICE SUPERAN!'fUATION A{:T l96a.,-1~79,
Division III-Seal~ of Cqrw·ik!ltion,s ?Y M~mb,~rs oft~t; Police Force 31. Cootributions aecording to scale. gmduated by age at com~
mencement. ( 1 ) The amount of contribution which shall be paid periodically by a member of the Police Force in respect respectively of annuity, incapacity and, in the case of a male member of the Police Force,
~ssm:-ance benefits, !!hall,. e~cept where othen;vise provide4. in this Act, be pa;;ed llpon-
(a) the number of units;
(b) sex;
(c) the age at which the member of the Police Force commences to co,ntfiRute for ~apl). unit;
(d) provisiqn· by contrib:gtors .a$ to thirty-five per centum of benefits payable fro1,11 the Fund pursm\nt to subseetion-(1) resJ>?Cfively of sections 38, 40, 42 and 44 of this .Act
in.pl~~g !iflY ~pprf(!lS~ ~. t!te r~~ ~he,}:'((Of upper s~tion 5.1A
of this Act, ·· ·. . ..
and· shall, e~cept where otherwise •provi4ed i:n.this Act, .be in accordance with, in the. case of male rnt)rnbers of the· Police Force, the table of contributions contained in Part I of Schedule IIA to this Act and, in the case .of fem.~e J,Il.emb~rr> of the, J>plice Force, tile ta:t?le of contributions contained in Part II of that Schedule .. · · · · ·
. .
. (2) In re~p~t of pnit~ of b~n~fit~ f.<?r whic!} .. ~ U1rmber of ~e
Police Force who 1s ·a contnbutor at the commencement of the Pollee Superannuation: Act Amendrrz~rtt r!ct i970 commenced to contribute before that· commencement (including reserve units of benefits and any 1Jwts . ()f ben~:f;its Jor whlcl1 he ·c<;mtriquted by W1J.Y of ~op:trp.:qtati,on of cop.tribntiqns by paymt(Jlt o~ .fl lump sq.rp. p1,1rsu~t to secti.()Jl 48 ()~ tl::ljs Act or by v.;ay pf ~·· single pr~mil1m purs:uqnt to s~ti()n 60 of tl)is Act or towards the provision of which he is deemed by subsection ( 3) of section 59 of this Act to h<J.Ve contributed by way of a single premium), the contributor shall, on anct from tlie said ~omi11encemtrnt, pay at the periodical interval prescribed by or urider section 22. of this Act a contribution the amount of which shall, except where otherwise provided by this Act, be-
( a) in respect of units of benefits (not being units for which he cop.tribpted by . W~Y of contmutation of. contribt!tfons by payp1ent of a lump sum pursuant to section 4~ of thi~ Act or by way of a single premiu:Ql pursuant to section 60 of this Act. or towarpg the. provision o~ wfl.ich he is de.emed by sub- sectiOn (3) of section 59 of j:p1s A9t to have contributeq by way of a single premium), the sum of- · (i) such amount ascertained in accordance with, in the case
· of male members of the Police Force, the table of con- tributions contained in Part I of Schedule II to this Act and, . in the case of female members of· the Police Force, the table of contributions contained in Part II of that
.~9h:e4ul~ .1!8 W,()J.!.lcl provi<:Ie th~ 11~ts of b~ne:ijJ~; ~d
POLI:CE SUPERANNUATION ACT 1968-1979 s. 31 17 (ii) the amount of the difference between such amount, ascertained in accordance with the applicable· table of contributions contained in Schedule IIA to this Act as if the contributor had commenced to contribute for the units on the date of commencement of the Police Superannuation Act Amendment Act 1970, as would provide the units of benefits and such amount, ascertained in accordance with the applicable table of contributions contained in Schedule II to this Act as if the contributor had commenced to contribute for the units on the · date of the said commencement, as would provide the units of benefits;
(b) in respect of units of benefits (not belng units to which paragraph (a) of this subsection relates), the amount ofthe difference specified in subparagraph (ii) of that paragraph where .a· reference to units of benefits in that subparagraph is read as a reference to units · of benefits to which this paragraph relates.
( 3) Subsections ( 4), ( 5) and ( 6) of this section . apply to a member of the Police Force-:-
(a) who is a contributor at the commencement of the Police Superannuation A.ct Amendment Act 1970; ·
(b) who before that commencement was a· contributor; and (c) who. had attained. the age of forty-five years before the said
commencement.
( 4) In respect of the units of benefits (being units to which sub- section (2) of this s.ection applies) for which the contributions are bl;lSed npon an age for retirement of sixty years and for which he is contributing at the periodical interval prescribed by or under section 22 of this Act, . a contributor to whom this subsection applies may, by notice in writing lodged with the Board, elect to contribute for all, or such lC$ser number as he may specify in the notice, of such units of benefits in accordance with the applicable table of contributions contained in Schedule II to this Act and to commute the increase in contributions for the units of benefits in respect· of which he elects under this subsection arising by reason of his. being required . to . contribute therefor in accordance with subsection ( 2) of this section by payment of a lump sum of such amount as shall be determined by the actuary appointed pursuant to this Act and approved
by the Board. ) · · . . · ·
( 5.) A contributor who pays the lump sum referred tp in subsection ( 4)
of
this section shall so long as he continues to contribute for the units of benefits in -respect ,of which he· elected under that subsection in accordance witlJ. the applicable table.of contributions contained in Schedule II. to ·this Act be deemed to be contributing therefor. in accordance with subsection ( 2). of this section.85265--B
18 s. 31 POLICE SUPERANNUATION ACT 1968-1979
( 6) In respect of the units of benefits (being units to which sub- section (2), of this section applies and for which contributions are based upon an age for retirement of sixty years)-
(a) for which he contributed before the commencement of the Police Superannuation Act Amendment Act 1970 by way of commutation of contributions by payment of a lump sum pursuant to .section 48 of this Act;
(b) towards the provision of which he is deemed by subsection (3) of section 59 of this Act to have contributed by way of
a single premium; ·
· (c) for which he contributed by way of a single premium pursuant to section
60
of this Act,a contributor to wl;lom this subsection applies may· ·elect, ·by notice in writing lodged with .the Board, to commute the increase in contributions for all,; or :such lesser number as he :may ·specify in· :the· notice, of such units of henefits arising. by reason of his being required to contribute therefor in accordance with subsection (2) of: this section by payment of a lump sum of such amount as shall be determined by the actuary
~ppointed pursuant to this. Act, an~ l!PJ?fOVe~ by the Board.
(7) Subsection (8) of this section applies.to a member of the Police
Fore~ · r: . .
(a) who is a contributor at·. the commencement of the Police Superannuation ·Act Amendment· Act· l970; · ·
... f.. . . ' . ,., . . .
(b) who before· that co:tiunencement was a contributor; and (c) who had not attained the age of forty-five' years before the
said commencement.
( 8) . In respect of units of benefits (being units to which subsection (2) of this section applies and for which the contributions are based upon a,n age for retirement of sixty years) towards the provision of which he is 'deemed by subsection (3) of section 59 of this Act to have contributed by way of a single premium or for which he contributed by way of a single premium pursuant to section 60 of this Act, a contributor to whom this subsection applies may,
py
notice in writing lodged with the Board, elect to commute the increase' in contributions for all, or such lesser number as he may specify in the notice, of. such. units of benefits arising by reason of his being required to contribute· therefor in accord- ance with subsection (2) of this section by payment of a lump sum of such ainount as shall be determined by the actuary appointed pursuant to this Act and approved by the Board.(9) A contributor who in accordance with his election pays the lump sum specified in subsection ( 6) or ( 8) of this section in relation to the case shall be deemed to have contributed for the units of benefits the subject of the election in accordance with sub.section (2) of this section.
('1 0) No election under subsections ( 4), ( 6) or ( 8) of this section may be made after the expiration of a period of thirty days commencing on the date of commencement of the Police Superannuation Act Amend.:.
ment Act 1970 save that in a case where an application is made to the
POLICE SUPERANNUATIOl:'l".ACT 1968-1979 19
B.oard pursuant to subsection (3A) of section· 27 of this Act and the
applica~ion is refused wholly or in part an ~lection pursuant to subsection ( 4) or ( 6) of this section may be made in relation to units of benefits in respect of which (being properly the subject gf the application) the application was refused at any time before the expiration of . a period of.
sixty days co1Ilmencing on the date. on which s~rvice of. the notice. of refusal of the application by the Board is effected on the contributor either personally or by registered post. ·· ·
(11) A reference in this Act to rates of contribution determined by the actuary appointed pursuant to this Act and approved oy the Board upon the basis of an age for retirement of sixty-five years includes. a
referenc~ 'to such rates as varied from time to time by the s~d actuary with the approva:l of the Board and to ratesof contribqtion so determined' and approved in s:ubstitution for any such rates previously inforce ·~d
applicable· generally or to a particular case. · · . ( 12 ). )Vhere on the commenceme11t ofJhe Police Superannuation Act Amendment Act 1970 in order to make provision for the increase in the rate of beneJit providedfor l,lnder .section 51A of this Act, the actm'iry appoint¢ pursuant to t11is
Act
determines with the approval of the Board t6vary
the rates of contl,':ibution to. which subsection ( 11) of this· section. relates,, or. to .. substitl;r.te . new ratet> of contribution, the provisions of subsections (2) to (10) of this section shall apply with all ne<i:essary . ~daptatio_ns ·in respect of. units of benefits for which contribu- tions ·are based upon an age for retirement of sixty-five years and for the purp(\)Se of so applying those provisions, without limiting the generality hereof, a reference in those subsections. to "Schedule II to this Act", "Part I of Sched1,1le II to this Act'~. or "Part II. of that Schedule"shall be read as if it were a referenc'e to "rates of contribution referred to in subsection ( 11) of this section as in force immediately before the said commencement" and a reference to "Schedule IIA to this Act" shall be read as if it were a reference to "rates of contribution varied as specified in subsection ( 11) of this section or to rates of benefit substituted as so specified for the rates of contribution in force immediately before the sai4 col:lllllencement.
( 13) Nothing in section 24 of this Act shall be read as limiting the amount of the contribution payable by a contributor under this section.
(14) For the purpose of subsection. {15}, "hYJ>othetical fortnightly contribution" means the fortnightly contribution, as at the first day of January, 1975, that would have been payable by a contributor in respect of the units of benefit (hereinafter in this section referred to as the "said units ·of benefit") for which h¥ or she is a contributor under this Act as at that date (excluding any units of benefit that were effected pursuant to section 26 after the first day of August, 197 4 and any reserve units of
benefit) i f - ·
(a) each (if any) of the said units. of benefit that was taken up pursuant to section 26 had been effected immediately before the date· of its becoming a unit of benefit in respect of which an election might be :~pade under the said section; and
20 s. 32 POLICE SUPERANNUATION ACT 1968-1979
(b) each (if any) of the said units of benefit in respect of which any fortnightly contributions have been commuted by pay- ment of a lump suni had not had the contribution in respect thereof so commuted,
but where neither paragraph (a) .or (b) is applicable to the case in question means the fortnightlycontribution as at the first day of January 1975 that is payable by a contributor in respect of the said units of benefit.
( 15 ) A contributor whose . hypothetical fortnightly contribution exceeds the sum equal to fifteen per centum, or, in case of. a contributor whose age for retirement is sixty-five years, thirteen per centum, of his or herfortnightly salary as at the first (jay of January, 1975 may, by applica- tion in writing to the Board prior to the first day of March, 1975, have the actual fortnightly contribution that is payable by him or her as at that' firstnientioned date in respect of the. said units .of benefit reduced by whichever is the lesser of-
( a) the fortnightly contribution that is payable' by the contributor as at the said first day of January; and
(b) one-third of the exce8s of the hypothetical fortnightly contribution over the sum equal to fifteen per centum or, in the case of a contributor whose age for retirement is sixty-five years, thirteen per centum, of such fortnightly salary.
( 16) Any reduction in the actual fortnightiy contribution under subsection (15) shall apply retrospectively on and from the first due date for. the payment of the contributor's fortnightly contributi(>ns after
the first day of January, 1975. · ·
As amended by Act of 1970, No. 37, s. 8 (as from: 4 January 1971); Act qf 1974, No. 53, s. 70 (1) Sch.
Division IV -Reserve Units of Benefits
32. Contribution for Reserve Units. ( 1 ) A contributor who is contributing to the Fund for units of benefits to the number thereof specified in the scale contained in Schedule I to this Act opposite to the salary group within which his or her salary falls, may, from time to time,.
elect to contribute to the Fund for one or more reserve units of benefits in accordance with this Division.·· ·
(2) The number of reserve units respectively of annuity benefit, incapacity benefit and, in the case of a male contributor, assurance benefit for which a contributor may elect to contribute . at any time pursuant.
to ·subsection ( 1 ) of this section together with the number of reserve units in respect of which he or she has already made an election under that subsection shall not exceed twelve.
( 3) Contributions for a reserve unit of benefit~ ,
(a) in the case of a member of the Police Force the age for retirement of whom ,is sixty years shall be in accordance with, in the case of a male niember of the Police Force, the
