Governors' Pensions Act 1976

This Act may be cited as the Governors' Pensions Act 1976.

In this Act, unless the contrary intention appears—

deceased Governor means a Governor who died while in office as Governor;

domestic partner—

in relation to a deceased Governor, means—

a person declared under the Family Relationships Act 1975 to have been the domestic partner of the Governor as at the date of the Governor's death; or

a person who was in a registered relationship with the Governor as at the date of the Governor's death;

in relation to a deceased former Governor, means—

a person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Governor as at the date of the former Governor's death; or

a person who was in a registered relationship with the former Governor as at the date of the former Governor's death;

former Governor means any person who—

was appointed to be Governor of the State; and

has ceased to hold that office—

after having served in that office for a period (excluding periods of furlough) of not less than four years and six months; or

upon the Treasurer being satisfied that the cessation arose from a mental or physical incapacity to perform the duties of that office;

furlough, in relation to a Governor, means absence from office for recreational purposes for a continuous period of more than one month;

Governor means a Governor of the State;

Order means an order made under section 3 of this Act;

pension means an annual pension provided for and authorised pursuant to an Order;

registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;

salary in relation to a former Governor or a deceased Governor, as the case may be, means the salary payable pursuant to section 73 of the Constitution Act 1934—

to that former Governor immediately before that former Governor ceased to be Governor; or

to that deceased Governor immediately before the death of that deceased Governor;

spouse—

in relation to a deceased Governor—means a person who was, as at the date of the Governor's death, legally married to the Governor;

in relation to a deceased former Governor—means a person who was, as at the date of the former Governor's death, legally married to the former Governor.

Subject to this Act, the Treasurer may by Order published in the Gazette provide for and authorise the payment of an annual pension for life to—

a former Governor; or

the spouse or domestic partner of a deceased former Governor; or

the spouse or domestic partner of a deceased Governor, in each case of an amount provided for in the Order.

The Treasurer may also pay to a former Governor or the estate of a deceased Governor an amount sufficient to defray any liability to tax (including interest on tax) under the law of the Commonwealth arising because of superannuation entitlements under this Act.

Except as is provided in section 5A, the amount of pension shall not—

in the case of a former Governor, exceed 30 per cent of the salary of that former Governor; or

in the case of the spouse or domestic partner of a deceased former Governor, exceed 75 per cent of the pension of that deceased former Governor payable immediately before the death of that former Governor; or

in the case of the spouse or domestic partner of a deceased Governor, exceed 22.5 per cent of the salary of that deceased Governor.

In determining an amount of pension the Treasurer may have regard to any other pension or retiring allowance paid or payable to a former Governor, or the spouse or domestic partner of a deceased Governor or deceased former Governor in respect of any remunerative activity undertaken by the Governor or former Governor before that Governor or former Governor became Governor.

Each pension shall be payable on and from the day specified in the Order which may be a day that occurs before, on or after the day on which the Order is made.

Every pension shall be payable fortnightly but shall accrue due from day to day.

The Treasurer must adjust the amount of the pensions under this Act from the first payment of pension in each adjustment period to reflect—

in the case of an April adjustment period—the percentage variation (rounded to two decimal places) between the Consumer Price Index for the immediately preceding December quarter and the Consumer Price Index for the immediately preceding June quarter; and

in the case of an October adjustment period—the percentage variation (rounded to two decimal places) between the Consumer Price Index for the immediately preceding June quarter and the Consumer Price Index for the immediately preceding December quarter.

If on the first day of the relevant adjustment period, the pension has been payable for a period of less than six months, the extent of the adjustment will be reduced to reflect the proportion which the period of payment of the pension bears to six months.

To avoid a reduction in pensions the Treasurer may direct that subsection (1) does not apply in relation to a particular adjustment period.

In that event an adjustment in the next adjustment period in relation to which subsection (1) applies will be based on the variation between the Consumer Price Index for the June or December quarter (whichever is applicable) immediately preceding that period and the Consumer Price Index for the June or December quarter (whichever is applicable) immediately preceding the adjustment period in relation to which subsection (1) last applied.

In this section—

adjustment period means the period of six months commencing at the commencement of 1 April and 1 October in each year;

April adjustment period means an adjustment period commencing at the commencement of 1 April in any year;

the Consumer Price Index means the Consumer Price Index (All groups index for Adelaide);

October adjustment period means an adjustment period commencing at the commencement of 1 October in any year.

Any payment to be made under this Act is to be made from the Consolidated Account (which is appropriated to the necessary extent).