This Part of this Act shall be read together with and deemed part of Part I of the Public Service Superannuation Act, 1927 (in this Part referred to as the principal Act).

Section twenty-six of the principal Act is hereby amended by repealing the paragraph in subsection one after the words “computed as follows”, and substituting the following paragraphs:—

Section thirty of the principal Act is hereby repealed.

Section thirty-five of the principal Act is hereby amended by omitting the word “three” where-ever it occurs (except in the proviso), and in each case substituting the word “five”.

The proviso to the said section thirty-five is hereby amended by omitting the words “three years next preceding such reduction or transfer”, and substituting the words “five years next preceding such reduction or transfer, or the five years next preceding the date of retirement, whichever of such average rates is the greater”.

Nothing in the foregoing provisions of this Part of this Act shall apply with respect to a retiring-allowance granted to any person on his retirement from the Public Service before the commencement of this Act:

Provided that where any such retiring-allowance has been reduced to three hundred pounds by the operation of section thirty of the principal Act, it shall not, in respect of any period after the commencement of this Act, be less than it would have been if the foregoing provisions of this Part of this Act had been in force at the date of retirement.

No person who is a contributor at the commencement of this Act shall on his retirement at any time thereafter be granted a retiring-allowance at a rate less than the rate that would have been granted if the foregoing provisions of this Part of this Act had not been passed.

Every person who is first permanently employed in the Public Service after the commencement of this Act may at any time before the expiration of six months from his appointment or before he attains the age of twenty years (whichever is the later) elect to become a contributor to the Fund as from the time of his appointment or the time of his attaining that age (whichever is the later).

Every such election shall be made in writing delivered to the Secretary of the Board.

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 determines.

Section seventeen of the principal Act is hereby repealed.

Notwithstanding anything to the contrary in any Act, no person who is first permanently employed in the Public Service after the commencement of this Act, and is not for the time being a contributor to the Teachers’ Superannuation Fund or the Government Railways Superannuation Fund, shall become a contributor to the Public Service Superannuation Fund except in accordance with this section.

Any person who at any time after the commencement of this Act is a contributor to the Fund may at any time deliver to the Secretary of the Board notice in writing of his intention to cease to be a contributor to the Fund on a date to be specified in the notice, being not less than six months after the date on which the notice is delivered.

On the date specified in that behalf in any such notice, unless the notice is sooner withdrawn by the contributor, he shall cease to be a contributor to the Fund, and in any such case—

Sections six and seven of this Act shall not apply with respect to the Cook Islands Public Service or the Samoan Public Service.

Every person who at any time after the commencement of this Act is a permanent officer of the Cook Islands Public Service or the Samoan Public Service and has not attained the age of forty years at the commencement of this Act or the date of his permanent appointment to the Service (whichever is the later) shall be a contributor to the Fund from the first day of July, nineteen hundred and forty-six, or the date of his permanent appointment or the date on which he has attained the age of twenty years (whichever is the latest).

Where the date of any such person’s permanent appointment is earlier than the said first day of July, nineteen hundred and forty-six, he may at any time, by notice in writing to the Secretary of the Board, elect to become a contributor to the Fund from the date of his permanent appointment to the Service or from the date on which he has attained the age of twenty years (whichever is the later).

Every person who at any time after the commencement of this Act is a permanent officer of the Cook Islands Public Service or of the Samoan Public Service and has not attained the age of fifty years and is not a contributor to the Fund may at any time, by notice in writing to the Secretary of the Board, elect to become a contributor to the Fund either from the date of his election or from the date of his permanent appointment to the Service, not being in either case a date before the day on which he attains the age of twenty years.

If any person elects under this section to become a contributor to the Fund from a date before the date of his election he shall pay into the Fund within such time and in such manner as the Board may allow in that behalf such sum as the Board may fix in respect of his past service.

The percentage of his salary to be contributed to the Fund by any person who becomes a contributor under this section shall be fixed by reference to his age at the date from which he becomes a contributor to the Fund.

Subsection three of section forty-seven of the principal Act is hereby repealed.

Section eleven of the External Affairs Act, 1943, is hereby amended by repealing subsection three, and substituting the following subsection:—

Section thirty of the Finance Act, 1928, is hereby amended by omitting from subsection four the words “on which his election to become a contributor takes effect”, and substituting the words “from which he becomes a contributor to the Fund”.

Any reduction in the percentage of contributions provided for in this section shall apply in respect of all periods after the commencement of this Act.

This Part of this Act shall be read together with and deemed part of Part IV of the Public Service Superannuation Act, 1927 (in this Part referred to as the principal Act).

Section seventy-five of the principal Act is hereby amended by repealing the paragraph in subsection one after the words “computed as follows”, and substituting the following paragraphs:—

Section seventy-six of the principal Act is hereby repealed.

Section eighty of the principal Act is hereby amended by omitting the word “three” wherever it occurs (except in the proviso to subsection one), and in each case substituting the word “five”.

The proviso to subsection one of the said section eighty is hereby amended by omitting the words “three years preceding such reduction or transfer”, and substituting the words “five years next preceding such reduction or transfer, or the five years next preceding the date of retirement, whichever of such average rates is the greater”.

Nothing in the foregoing provisions of this Part of this Act shall apply with respect to a retiring-allowance granted to any person on his retirement from the Education service before the commencement of this Act:

Provided that where any such retiring-allowance has been reduced to three hundred pounds by the operation of section seventy-six of the principal Act, it shall not, in respect of any period after the commencement of this Act, be less than it would have been if the foregoing provisions of this Part of this Act had been in force at the date of retirement.

No person who is a contributor at the commencement of this Act shall on his retirement at any time thereafter be granted a retiring-allowance at a rate less than the rate that would have been granted if the foregoing provisions of this Part of this Act had not been passed.

Every person who is first permanently employed in the Education service after the commencement of this Act may at any time before the expiration of six months from his appointment or before he attains the age of twenty years (whichever is the later) elect to become a contributor to the Fund as from the time of his appointment or the time of his attaining that age (whichever is the later).

Every such election shall be made in writing delivered to the Secretary of the Board.

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 determines.

Sections eighty-eight, eighty-nine, and ninety of the principal Act are hereby repealed.

Notwithstanding anything to the contrary in any Act, no person who is first permanently employed in the Education service after the commencement of this Act, and is not for the time being a contributor to the Public Service Superannuation Fund or the Government Railways Superannuation Fund, shall become a contributor to the Teachers’ Superannuation Fund except in accordance with this section.

Any person who at any time after the commencement of this Act is a contributor to the Fund may at any time deliver to the Secretary of the Board notice in writing of his intention to cease to be a contributor to the Fund on a date to be specified in the notice, being not less than six months after the date on which the notice is delivered.

On the date specified in that behalf in any such notice, unless the notice is sooner withdrawn by the contributor, he shall cease to be a contributor to the Fund, and in any such case—

Section sixty-five of the Public Service Superannuation Act, 1927, is hereby amended by omitting from the definition of the term “salary” the words “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 VIII of the Education Act, 1914, or the corresponding provisions of any former Act, shall be deemed to be the salary or a part of the salary of the contributor”.

This Part of this Act shall be read together with and deemed part of Part III of the Government Railways Act, 1926 (in those sections referred to as the principal Act).

Section one hundred and two of the principal Act is hereby amended by repealing subsection one, and substituting the following subsection:—

Section one hundred and three of the principal Act is hereby repealed.

For the purpose of computing the retiring-allowance to be granted to a contributor his annual rate of pay shall be deemed to be the average rate of pay received by him during the five years next preceding his retirement, or if his service has not continued for five years, then during the period of his service:

Provided that where by reason of the age or infirmity of the contributor his pay has been reduced, or he has been transferred to a position inferior to that which he previously occupied, his retiring-allowance shall be computed on the average rate of pay received by him during the five years next preceding such reduction or transfer, or the five years next preceding the date of retirement, whichever of such average rates is the higher.

Section one hundred and sixteen of the principal Act is hereby repealed.

Nothing in the foregoing provisions of this Part of this Act shall apply with respect to a retiring-allowance granted to any person on his retirement from the Department before the commencement of this Act:

Provided that where any such retiring-allowance has been reduced to three hundred pounds by the operation of section one hundred and three of the principal Act, it shall not, in respect of any period after the commencement of this Act, be less than it would have been if the foregoing provisions of this Part of this Act had been in force at the date of retirement.

No person who is a contributor at the commencement of this Act shall on his retirement at any time thereafter he granted a retiring-allowance at a rate less than the rate that would have been granted if the foregoing provisions of this Part of this Act had not been passed.

Every person who is first permanently employed in the Department after the commencement of this Act may at any time before the expiration of six months from his appointment or before he attains the age of twenty years (whichever is the later) elect to become a contributor to the Fund as from the time of his appointment or the time of his attaining that age (whichever is the later).

Every such election shall be made in writing delivered to the Secretary of the Board.

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 determines.

Section ninety-five of the principal Act is hereby repealed.

Notwithstanding anything to the contrary in any Act, no person who is first permanently employed in the Department after the commencement of this Act, and is not for the time being a contributor to the Public Service Superannuation Fund or the Teachers’ Superannuation Fund, shall become a contributor to the Government Railways Superannuation Fund except in accordance with this section.

Any person who at any time after the commencement of this Act is a contributor to the Fund may at any time deliver to the Secretary of the Board notice in writing of his intention to cease to be a contributor to the Fund on a date to be specified in the notice, being not less than six months after the date on which the notice is delivered.

On the date specified in that behalf in any such notice, unless the notice is sooner withdrawn by the contributor, he shall cease to be a contributor to the Fund, and in any such case—

Any female person who for the time being is temporarily employed in the Department may, with the concurrence of the General Manager, elect by notice in writing given to the Board to become a contributor to the Fund, either from the date of her election or from the date on which her precedent period of continuous service commenced.

The percentage of her salary to be contributed to the Fund by any person who becomes a contributor under this section shall be fixed by reference to her age at the date from which she becomes a contributor to the Fund.

Every person who becomes a contributor to the Fund pursuant to this section shall be entitled to the same superannuation benefits as if her temporary employment in respect of which she has contributed were permanent employment in the Department.

When any female contributor dies, whether before or after becoming entitled to a retiring-allowance, the following provisions shall, subject to the provisions of section one hundred and fourteen of the principal Act, apply:—

Except as expressly provided in section eighteen of the Finance Act, 1932 (No. 2), or in any other Act, in no case shall any retiring-allowance or other moneys granted or payable out of the Government Railways Superannuation 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.

This section is in substitution for section one hundred and twenty-two of the Government Railways Act, 1926, and that section is hereby accordingly repealed.

Section sixty-three of the Public Service Superannuation Act, 1927, is hereby amended by omitting from subsection one the words “twenty-five fortieths”, and substituting the word “two-thirds”.

Section one hundred and fourteen of the Public Service Superannuation Act, 1927, is hereby amended by omitting from paragraph (a) of subsection two the words “thirty-one pounds”, and substituting the words “fifty-two pounds”.

Section one hundred and fourteen of the Government Railways Act, 1926, is hereby amended by omitting from paragraph (a) of subsection one the words “thirty-one pounds”, and substituting the words “fifty-two pounds”.

The following enactments are hereby amended by omitting the words “fourteen years” wherever they occur, and substituting in each case the words “sixteen years”, namely:—

Ibid., p. 576

Ibid., p. 577

Ibid., p. 596

1940, No. 19

Where any child of a deceased contributor to the Public Service Superannuation Fund or the Teachers’ Superannuation Fund or the Government Railways Superannuation Fund has attained the age of sixteen years and an allowance would be payable out of the Fund to or for the benefit of the child if he were under that age, the Board may, in its discretion, as if the child had not attained that age, grant or continue an allowance in respect of the child—

For the purposes of Part I or Part IV of the Public Service Superannuation Act, 1927, or of Part III of the Government Railways Act, 1926, the service of any contributor to the Public Service Superannuation Fund or the Teachers’ Superannuation Fund or the Government Railways Superannuation Fund shall be deemed to include only—

Section fourteen of the Finance Act, 1931, as amended by section twenty-seven of the Statutes Amendment Act, 1936, is hereby further amended by omitting from subsection two all words after the words “entitled to receive from the appropriate superannuation fund an annual retiring-allowance”, and substituting the words “computed as if his retirement had been on the ground of being medically unfit for further duty”.

Any increase in the rate of retiring-allowances provided for in this section shall apply in respect of all periods after the commencement of this Act.

Section twenty-seven of the Statutes Amendment Act, 1936, is hereby repealed.

The amount held by the Board for the credit of any contributor as provided in subsection two of section nine of the National Expenditure Adjustment Act, 1932, shall be payable to him as soon as practicable after the commencement of this Act.

The said subsection two of section nine of the National Expenditure Adjustment Act, 1932, is hereby consequentially amended by omitting the words “on his retirement in addition to his retiring-allowance (if any)”, and substituting the words “as soon as practicable after the first day of January, nineteen hundred and forty-six,”.

The Governor-General may from time to time, by Order in Council, make such regulations as he thinks necessary in order to give full effect to the provisions of this Part of this Act.