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Final Entitlements Estimator

Please read the following - this will assist you to complete the required details for the Final Entitlements Estimator for staff employed under the Members of Parliament (Staff) Act 1984:

Disclaimer

This final entitlements estimator ("Estimator") is provided by the Commonwealth for the purpose of enabling the staff of Senators and Members ("users") to calculate an estimate of final entitlements payable to a staff member on cessation of the staff member's employment. The Commonwealth may update the information in the Estimator from time to time as required. However, the Commonwealth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained in the Estimator.

The Commonwealth recommends that users exercise their own skill and care with respect to their use of the Estimator and that users carefully evaluate the accuracy, currency, and completeness of the information they enter into the Estimator. The Estimator will and is only intended to provide an estimated final entitlements figure based on the information entered into it by the user. The Estimator should not be relied upon to produce an exact final entitlements figure, which will be calculated by the Department of Finance at the time of cessation. The Estimator is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

The Commonwealth makes no representations or warranties regarding the condition or functionality of the Estimator, its suitability for use or that use of the Estimator will be uninterrupted or error-free.

Employees on leave without pay from a public sectory agency

If you are an employee of a public sector agency (including the Australian Public Service) who has taken leave without pay in order to take up employment under the Members of Parliament (Staff) Act 1984 (MOP(S) Act), you are not eligible to payment in lieu of annual leave and long service, nor to any severance benefits, on ceasing MOP(S) Act employment. Instead, you will return to your former department/agency.

Annual Leave

Your fortnightly payslip provides the balance of your Annual Leave entitlement as at each pay date. Use the value 'Entitlement Hours' from the payslip in the Estimator.

Long Service Leave

You will be eligible for payment in lieu of accrued long service leave in the following circumstances:

  1. Aged 55 years or over and at least 1 year eligible service; or
  2. Aged under 55 years with at least 10 years eligible service; or
  3. Employment terminated as a result of your employing Senator/Member ceasing to hold office (in accordance with sub-sections 16(1), 16(2) or 23(1) of the MOP(S) Act) with at least 1 year eligible service.

Note: Where the reason for termination meets the definition of ‘retrenchment’ as provided under the Long Service Leave (Commonwealth Employees) Act 1976, you may also be eligible for payment in lieu of long service leave. In these circumstances you must have at least 12 months of eligible service. Although the Final Entitlements Estimator does not cover this aspect (as each termination has to meet the 'retrenchment' definition), payment in lieu of long service leave will be included in the actual payment after the employing Senator or Member has certified that the termination meets the Long Service Leave Act definition.

You need to estimate the following information only if you are eligible for payment in lieu of Long Service Leave:

  1. completed years and months of eligible full-time and/or part-time service;
  2. number of months and days of full-time and/or part-time long service leave taken or paid in lieu;
  3. where applicable, estimated average weekly hours during your part-time service.

Eligible service for Long Service Leave accrual - please note:

  • where you have been absent on leave without pay (or other leave not to count as service such as Maternity Leave at half pay after the first 12 weeks) for a total of more than 30 calendar days in any calendar year, your eligible service for Long Service Leave purposes is reduced by the number of days leave taken.
  • please refer to the Enterprise Agreement (EA) and related guidelines for information regarding service eligible for Long Service Leave purposes.

Allowances

If you are in receipt of an allowance, you will need to enter the full-time equivalent annual rate of the allowance(s) on the Input page. The current full-time equivalent annual rates of allowances is as follows:

ESA One of 7 rates as allocated to the established Electorate position occupied. Select rate ESA1, ESA2... up to ESA7, or skip if not receiving ESA.
PSA $18,459 pa for personal staff on a salary of $59,030 or lower
PSA $23,523 pa for personal staff on a salary of $60,954 or higher (excluding Assistant Advisers, Advisers and Media Advisers)
PSA $28,139 pa for Assistant Advisers, Advisers and Media Advisers
PSA $30,952 for Senior staff

Severance benefit

You may be eligible for severance benefit if you are an ongoing employee and your employment is terminated. In these cases, you need to estimate the number of completed years of continuous MOP(S) Act service. Broken periods of service or prior MOP(S) Act service are not to be included in this total (except in circumstances described in the EA).

If you were previously employed by a State/Territory parliamentarian, on a basis equivalent ongoing or non-ongoing MOP(S) Act employment, immediately prior to employment under the MOP(S) Act and if that service has been recognised for the purposes of calculating a severance benefit, then include that service with your continuous MOP(S) Act service in the calculation.

If your ongoing employment is terminated as a result of your employing Senator/Member ceasing to hold office (in accordance with sub-sections 16(1), 16(2) or 23(1) of the MOP(S) Act)), your severance benefit will be increased by 30%.

In accordance with the EA, if you are re-employed under the MOP(S) Act after receiving a severance benefit and the re-employment occurs during the period covered by the severance benefit, a portion of the severance benefit may be required to be repaid.

Eligible service for Severance Pay - please note:

  • where you have been absent on leave without pay (or other leave not to count as service such as Maternity Leave at half pay after the first 16 weeks if taken under the current EA, or either 12 or 14 weeks if taken during the life of previous agreements) for a total of more than 30 calendar days in any calendar year, your eligible service for Severance Benefit purposes is reduced by the number of days leave taken.

Taxation

The taxation calculations in the attached are estimates only, and may vary significantly from the actual tax due depending on individual circumstances. Please refer to the Australian Taxation Office website for more information.

Check this box if you have read and understood the instructions above:

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© Commonwealth of Australia 2010 | ABN 61970 632 495
Last Modified: 16 June, 2014