POLICE SUPERANNUATION.

Press, Volume LXVI, Issue 13905, 2 December 1910, Page 9

POLICE SUPERANNUATION.

(' AN IMPOHTANT .IfDG.MKNT. j At the . .il-rem. Court yesterday j ,„,,- 7s Honour. Mr •■>•<- I T n s 1 -.i *i*-*V,r*.d his nerved .tire h._., <•■-• _, _ ] *£T>JU ...I th,' Minuter „f {£„_,_ Atf.,..,. chairman »l ihclM.hbad ''-<-'» *'*- , -' d ln i,a,K *"- j I The c;i*" wa; on;.' in wlnci ■><• >.<*"'«'- ---i "-,; i- summons h.. been *<-< ' __■_, -in.*.'.* of obtaining a dechnatoi. ' S-r ' ~ r the l>;c_.r,t*.ry .ludg- ! _-«,s "■■* l.i*-\ d.'terriiin.ii. wlu-th.-r Br*.l.;i,*Yff .'-..■. -nuthd to the benc£7. .a- ■'.*•.. *i of section. *»> ot X [Mi:- ...iv...* C:.w.:icat!-m and ■:gup.ra.i.; ! *..ti-i- Amendment A:U I'm o- ;,. ~ -, .p..ii to he determined. :-a'.d i)is '...*...,ir.'-'a- v._c-iH. r the plailltlil „_ ..untied i" b, :.-catc<i as a ou■tributor to the iMhlie _-■.■*. cc M.pci- '. M n-'.tion E"n =l " ti,' cummenc.nun of tbo I'ul.hc . .r.,r. .as.,*_'auu_ and Bttpera!::iiMti-.:i A ■•.■■■.l'lm.-iit An. 1'••;-'-*■ ,«a. to l'.avc It..- ri .lit eoniern.i i,y section -*0 <« that A-l. as mnciK m by section 10 oi :!.'.• Atneudmciu Ac: m 1.00. which Act ni.TL-ed the .'.dire Provident f'ui'd m the Puhlic Nvrvicc t*uperannua:;-.ii lund, .and contains the following i;.ovisi..!i. m ~üb-.s'.;rtion Sot s:ction *.'.') :■-'•-') As to I'very ],er>on who becomes a contributor to the Public Service .-MrieraiMinatiou I'und, i<y virtue of tfu-. .section the fouowing ■■-■provisions -shall apply:' (a) He shall be -cemed to ho an original contributor to tbo said fund within the meaning _nd for the purposes oi section -Vj oi -the principal' Act. 0» All eoiitr.bu- • tions made by him to the Police I ro- -■' vident Fund 'before the commencement, of this Act shall be deemed to have been mado by him to tbe Public -Service Superannuation Fund on the re- ' gpectivo dates on which they wore made to the Police Provident Fund. (c) He shall contribute to the Public Service (-.u.craiinuatioii Fund at the rate • K-escribed by the nrincipal Act, for I«i0 ago to which he had attained at the date when bis first contribution became payable to the Police Provident Fund on his becoming a contributor thereto. . Continuing, his Honour said that a \person who was now an original contn.irUtor -was not necessarily a contributor i : lL the fund on October 10th, l!Al3, be'feuse as pointed out by Mr Ostler (who 'appeared for defendant) a person who becomes a contributor under the provisions of sub-section V of section 26 of the principal Act of 1008—-and this, subject to the regulations ho may do at any time—was an original contributor lor tho purposes of section 35 of that Act. It followed from this that clause a, by enacting that the plaintiff was to "he deemed an original contributor to the Public Service tSuper- . annaation Fund, did not necessarily - -make him, by construction, a contributor to that fund on October 10th, 10C8. If, therefore, the plaintiff had to rely on clause a onTy his claim, in ~ his Honour's opinion, would fail. He did not, however, base his claim on ' that clause only. He relied also on clause b of tho same sub-section. It peemed to him (his Honour) that the •sfipct of clause h was to make the plaintiff constructively a contributor to the Public _• tervice Superannuation Fund on and before Ociober 10th, 1908. That clause provided explicitly that all contributions made to the Police Pro- | vident Fund before the commencement oi the Act of 1909, shall be deemed to havo been made to the Public Service Superannuation Fund on the respective dates on which they were made to the Police Provident I'und. For the purposes of the present case it was sufficient to say that the effect at least 1 oi clause b was to mako the plaintiff n contributor to the Puhlic Service # N Superannuation Fund from the date on |7f• wi-oh the fund was established, .and • that plaintiff was, therefor©, entitled - *{<>■ an order declaring that, having made the contributions referred to in nub-section 2 o£ section 50. of the Amendment Act of 1908, ho was entitled to the rights and benefits conferred by sub-section 3 of that section. The question of costs was reserved ' for further consideration. .~: Mr T. G. Itussell appeared for tho plaintiff, and Mr Ostler for defendant.