SUPERANNUATION.

Dominion, Volume 1, Issue 138, 5 March 1908, Page 8

SUPERANNUATION.

THE CIVIL SERVICE SCHEME, .' • i 1 POSITION OF THE.POLICE FORCE. ' - A LEGAL OPINION, v i" .When the idea thattho Polico Provident Fund should be "amalgamated, with the new Public Sorvice'Superaiihuation Fund was first mooted the 1 proposal... causcd considerable t; anxiety amongst members of the Police Force • and, a meeting was subsequently held at p .which it , was decided to obtain v a legal f opinion as to the exact position of the Force ;1 as regards the new . scheme.' It was unanii moiisly decided . that the matter was too 0 serious for the'-men to rush into, and it was - resolved to seek, the opinion of Messrs. C. 1 B. Skerrett, Jv'.C., ;and Alex. Gray, with a t, view to -finding out-whether, assuming that j , tho contributors, to tho Police Provident j Fund becam'e contributors to the Public Seri vice' Superannuation :■ Fund, such contribu- • tors would, under the, provisions, of the Act,. , becomo entitled toitlid bpnefits of .the latter [ fund, ias if they were .original contributors • to. the fund. • The opinion of the legal ad- ■, visers;is!''as';follows:— i • "Under tie/Statute, creating the Public .. Service Superannuation Fund, two classes ot contributors are'frecognised, namely (1) original contributors,'. being persons who tbe- ~ come.. contributors . tinder the provisions of . Section 10 of the Statute, and (2) contributors gonerally.'to the fund. . Tho fund created by',tho Act isiof coursp a new fund, and the original contributors; vindpr the Statute aro . those who, being employed in tho .' Public Service,. become contributors to tho, fund within six 'months* after the .-;. coming into operation of the Act. "In .computing tho.benofits to which such original/(contributors,,are, to bo ..entitled, such ■ benefits upon tho service, of tho ! contributor;, in the ; piihlic service,- whether before or after the date at which ho becomes a contributor. '.. On tho other :iand; . in_ the caso of a contributor r (not being, an original contributor) the Jienofits in tho fund to' which lie becomes .entitled, are based jpon : his service in the' public'service from tho date at which,he'becomes a contributor. • "Under: Section'.4o) if. tho' result of tho ballot'.thereby' contemplated- is that, a maority- of; the. rccofrded thereat -are . ii; favour of . the' ,'amalgamation .of tho Polici?. Provident--Fund : with -tlie ' Public Servici Fund,'.' it ,is provided,'. l afromj'somp.; future-. date, to be. fixed by the Governor:— -"•(a)"That 1 , tho; Police... Provident Fund should be abolisbed ; and , tlie amount- then, standing, to' its; credit' should'be paid by. the. Public . Trusted into'.the fund established under the; Act. : : ' • . /' ".'(b) .That all. contributors to tho Police' Provident,; Fund should bo deemed',to be contributors to the, fund established under, the ;Act, ,arul -should thereafter contribute thereto at'the rat-o prescribed by the Act for the agei of; bach .such .contributor; at tho date wheh his first contribution became payable under; the Police Provident Fun 3 Act, 1899.,. - : '-. '■ ; | "(c)'That- all retiring and 'other allow- ; ances'at-.the. time, of. such amalgamation pay-. r;ablo,i.iirider!;-tho;»Jast-inentionea'. Act should from i timo ito time be . payable out of the Public Servico Superannuation Fund, ancT , "(d) That the, Police Force should bccome ipart of thp public.service within tho meaning 1 of tlie Public-Servico. Superannuation Act, : and..thq'-provisions ,of : -such Act should, apply,- i thereto .accordingly^i "It is. ;;t6 : ~l>b,,'observed .'thai Section 40 -1 does not- in'express terms declare that the i contributors to' the Police Fund shall bo deemed to bp .original contributors. On the contrary,; .it . merely - provides that they should be'deemed.to be. contributors. More-; b'yer, it .'is provided that tho, Police Force .shall .become .part of the Public Servico as from a dat-e to be fixed by tho Governor by 1 notieo in the'Gazotte, which wou]d appear i jto; placo the mpm]3,or3 _of .the force in the' < category of ''contributors' simply, rather ! than,'original contributors;'' It-is true that i thd'rato of their,contributions to tho. Public 1 Service'Suporanhufition.'Fund is.to he regu- i latcd by the ago of. each' contributor ait the, 1 'date, when he fu st - joined the Polico Provi- < dent Fund. Nevertheless, it is to -bo ob- c served that this only "deals with tho rate of , I contribution to tho, fund, and lia3 no refer- ,i onc6,.to ; .thp bpnefits...which tho contributor 3 is'to receivo from the' Public Servico Superannuation Fund. We are, therefore, unable to 'advise 'otherwise' than that it is open ,to { grave : doubt _ whetherV contributors to the f Police Provident Fund, in , .the event , of t amalgamation, arc entitled: to the benefits of } the fund's : as : original i contributors, based ] on -their Jse'r,vice in tho' Forc6 .anterior to the r

timo of their joining., tlio Public Service. Superannuation Fund.: -Wo think .that, having regard to tho fact- that contributions. to ■ tho. Public Sorvico, Fund are based' on-the ago of each at the time ho joined ■tho Polico Provident Fund,, and'that to hold .tho contrary would 'really,.be..to take away benefits to which the contributor is at present . entitled, the Court 1 would feel itself at liberty to ; hold that .sub-section, (b) really meant, to, .make-contributors .to the. Polico' Provident; Fund original contributors under the Act, or at. least as possessing tho same rights as' original cbhtributors. The matter is, too'important' a. ,bnb. to |bo left open to doubt,, .and., .w0.,-.advise' that contributors would run. a,...serious''risk if they joined tho Public Service Superannuation' Fund upon :the'assumption that''they" were entitled to 'same - benefits- from the fund--as original contributors under,,the Act.", ,