Legislative Assembly (Members' Superannuation) Act 1991

This Act is the Legislative Assembly (Members’ Superannuation) Act 1991.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

For this Act, a discontinuance, in relation to a member, happens when the member’s term of office ends by—

death; or

resignation; or

retirement on the ground of invalidity; or

disqualification or expulsion; or

dissolution of the Legislative Assembly; or

the ending of the member’s term of office under the Self‑Government Act, section 10 (Term of office of member).

However, a discontinuance is taken not to have happened for this chapter if the member is re‑elected to the Legislative Assembly at—

if subsection (1) (e) applies—the 1st general election after the dissolution of the Assembly; or

if subsection (1) (f) applies—the general election for which the polling day marks the end of the member’s term of office.

Chapter 2 Defined benefits scheme

Part 2.1 Preliminary

This chapter applies in relation to a member elected before the 2008 general election, in relation to a relevant period of service by the member, until the earlier of the following events:

the member’s discontinuance;

if the member makes an election under section 18A (Members may transfer to choice of funds scheme)—the amount of the member’s benefit under this chapter is paid under the section.

Note Elected—see the dictionary.

In this chapter:

board means the Australian Capital Territory Legislative Assembly Members Superannuation Board established under section 4.

invalidity, in relation to a person, means a permanent disability to which at least 2 doctors certify, and that the board decides, is likely to result in an inability ever to work in an occupation for which the person is reasonably qualified by education, training or experience.

relevant period of service means the period during which a person served as a member in consecutive terms, but does not include a period of service in relation to which the person has received a superannuation benefit under this chapter.

Part 2.2 Legislative Assembly Members Superannuation Board

Division 2.2.1 Establishment of board

There shall be an Australian Capital Territory Legislative Assembly Members Superannuation Board.

The board shall be responsible for the administration of this chapter.

Without limiting subsection (1), the board shall be responsible for—

determining entitlements in accordance with this chapter; and

determining applications for retirement on the grounds of invalidity.

The board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

Division 2.2.2 Constitution and operation

The board is constituted by 4 persons, being—

the Speaker of the Legislative Assembly or, in the absence of the Speaker, the Deputy Speaker; and

a government member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of government members or an alternate government member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of government members; and

an opposition member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of opposition members or an alternate opposition member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of opposition members; and

the director‑general of the administrative unit responsible for the Financial Management Act 1996.

In this section:

government member means a member of the Executive or a member who belongs to a party, or is associated with a group of members, represented on the Executive.

opposition member means a member who is not a government member.

relevant procedures means the procedures laid down in the Standing Orders of the Legislative Assembly for the election of the Speaker.

The performance of the functions or the exercise of the powers of the board is not affected by reason only of a vacancy in the membership of the board.

The Speaker or, in the absence of the Speaker, the Deputy Speaker is the chair of the board.

The director‑general of the administrative unit responsible for the Financial Management Act 1996 is the secretary of the board.