Acts Amendment (Superannuation and Pensions) Act 1951 (WA)

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No. 25.] Acts Amendment (Superannuation [1951.

and Pensions).

ACTS AMENDMENT (SUPERANNUATION

AND PENSIONS).

15° and 16° Geo. VI., No. XXV.

No. 25 of 1951.

AN ACT to amend the Superannuation and Family Benefits Act, 1938-1950; the Superan- nuation Act, 1871-1947; and the Government Employees' Pensions Act, 1948.

[Assented to 12th December, 19511

BE it enacted by the King's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of

the same, as follows:—

Short tint

1. This Act may be cited as the Acts Amendment (Superannuation and Pensions) Act, 1951.

SUPERANNUATION AND FAMILY BENEFITS

ACT, 1938-1950.

Construc-

tion.

2. (1) This section shall be read as one with

the Superannuation and Family Benefits Act,

1938-1950 (Act No. 34 of 1938, reprinted with

amendments to and including Act No. 65 of 1947,

1951.] Acts Amendment (Superannuation [No. 25.

and Pensions):

incorporated pursuant to the provisions of the

Amendments Incorporation Act, 1938, and as

approved for reprint 3rd April, 1950, and further amended by Act No. 39 of 1950), referred to in this section as the principal Act.

(2) The principal Act, as amended by this Act, =Via may be cited as the Superannuation and Family ryttrArt! Benefits Act, 1938-1951.

(3) Paragraph (b) of subsection (5) of section amanded.

thirty-six of the principal Act is amended by substituting for the words, "cessation of his contributions" in lines two and three the words, "attainment of his elected retiring age".

(4)

Section thirty-seven of the principal Act is 22,7,lidet

amended by substituting for the scale appearing in

subsection (1) the following scale:—

No. 85 of

Column One.

Column Two.

1947, a. 8.

Where the Annual

Salary of the Employee

The. Employee may Contribute the

Equivalent to

Amount necessary to provide Units

an Annual

of Pension as under

Pension of

Exceeds

Does not Exceed

£

£

£

s.

130

78

130

156

Two and a half

97 1

156

208

Three

117

208

260

Four

158

260

312

Five

195

312

364

Six

234

364

416

Seven

273

416

468

Eight

312

468

520

Nine

344 1

520

572

Ten

377

572

624

Eleven

409 1

624

676

Twelve

....

442

676

728

Thirteen ....

474 1

728

780

Fourteen

507

780

832

Fifteen

....

539 1

832

884

Sixteen

....

572

884

936

Seventeen

604 1

936

988

Eighteen

637

988

1,040

Nineteen

669 1

1,040

1,144

Twenty....

702

1,144

1,248

Twenty-one

.•••

734 1

1,248

1,352

Twenty-two

••••

767

1,352

1,456

Twenty-three

••••

799 1

1,456

1,560

Twenty-four

••.•

832

1,560

1,664

Twenty-five

••.•

864 1

1,664

Twenty-six

••••

897

No. 25.] Acts Amendment (Superannuation [1951.

and Pensions).

8. 37A

amended.

(5) Section thirty-seven A of the principal Act

Cf. No. 65 of

1947, a. 9.

is amended by

(a)

substituting for the figures, "1947" in line three of subsection (1) the figures, "1951";

(b)

substituting for the words, "six hundred and seventy-six" in lines four and five of subsection (1) the words, "one thousand one hundred and forty-four";

(c)

repealing subsection (2);

(d)

substituting for the figures, "1947" in the last line of subsection (4) the figures, "1951".

8.43

amended.

(6) Section forty-three of the principal Act is

Cf. No. 65 of

1947, a. 13.

amended by

(a)

substituting for all words in lines one to seven, both inclusive, the following sub- sections:

(1) Subject to this Act, where the number of units of pension paid from the fund on the basis of a contribution corresponding to the rate prescribed for the age of the contributor at the date upon which he commenced to pay the contribution does not exceed eight, the State shall, in respect of each unit or part of a unit of pension, pay to the .

fund a sum equal to two-thirds of the

payment so made.

(2) Subject to this Act, where the number of units of pension paid from the fund on the basis of a contribution prescribed for the age of the contributor at the date on which he commenced to pay the contribution exceeds eight, the State shall pay to the fund

(a)

a sum equal to two-thirds of the payment so made in respect of eight units; and

(b)

a sum equal to three-fifths of the payment so made in respect of the remaining units.;

1951.] Acts Amendment (Superannuation [No. 25.

and Pensions).

(b)

substituting for the words, "Provided that" in line one of the first proviso, the figure three in brackets, thus, "(3)";

(c)

substituting for the words, "Provided that" in line one of the second proviso, the figure four in brackets, thus, "(4)".

S. 44

(7) Subsection (2) of section forty-four of the principal Act is amended by substituting for the

amended.

Cf. No. 39 of

1950, 8. 9.

words, "two and one-half" appearing firstly in line

three and secondly in line six, the word, "three".

S. 46A

(8)

Subsection (1) of section forty-six A of the

amended.

Cf. No. 65 of

principal Act is amended by deleting the words, "or

1947, a. 14,

subsequently" in line four.

and No. 39 of

1950, 8. 10.

(9) The following section is added to the principal MM.

Act:-

46B. (1) The amount of pension payable to a person who is, at the date of commencement of the Acts Amendment (Superannuation and Pensions) Act, 1951, in receipt of a pension under the Superannuation and Family Benefits Act, 1938-1950, not being a pension payable in respect of a child, shall be increased as follows:

(a)

Where the number of units in respect of which pension is payable does not exceed eight, the amount of pension payable shall be increased by one-fifth; or

(b)

where the number of units in respect of which pension is payable exceeds eight, the amount of pension payable shall be increased by one-fifth of the amount paid in respect of eight of those units.

The State shall pay to the Superannua- tion Fund the amount of the increase andJhe Consolidated Revenue Fund is, to the necessary extent, hereby permanently appropriated accordingly.

(2)

The provisions of this section shall apply in respect of the first fortnightly payment of pension made after the date of commencement

(3)

No. 25.] Acts Amendment (Superannuation [1951.

and Pensions).

of the Acts Amendment (Superannuation and Pensions) Act, 1951, and in respect of all sub- sequent payments.

S. 58

amended.

(10) Section fifty-eight of the principal Act is

Cf. No. 65 of

1947, 6. 16.

amended by substituting for subsection (1) the

following subsection:

(1) The units of pension is

(a)

where the number of units of pension does not. exceed eight—the sum of thirty-nine pounds per annum;

(b)

where the number of units of pension exceeds eight—the sum of thirty-nine pounds per annum in respect of eight of those units and the sum of thirty- two pounds ten shillings in respect of the remaining units.

a 63

amended.

(11) Paragraph (a) of subsection (1) of section substituting for the words, "thirty-two pounds ten shillings" in lines three and four, the words, "thirty- nine pounds".

Cf. No. 65 of

1947, 8. 18

sixty-three of the principal Act is amended by

1950, e. 15.

and No. 39 of

S. 80A

added.

(12) The following section is added to the prin- cipal Act:-

EnCrea803

effected by

80A. The increases effected by the Acts

Acts

Amendment

Amendment (Superannuation and Pensions)

(Superan-

nuation and.

Act, 1951, in the rates of pensions shall be

Pensions)

Act,1951.

deemed to have commenced to apply in respect of the payments of pension which fell due on the fifth day of October, one thousand nine hundred and fifty-one.

S. 83A

amended.

(13) Subsection (7) of section eighty-three A of

Cf. No. 65 of the principal Act is amended by adding after the

1947, a. 23.

word, "section" in line seven the words, "but the provisions of this subsection shall not apply where an employee is required by the terms of his employ- ment to subscribe to the Provident Account, and such an employee shall continue to make subscrip- tions while he continues to be an employee".

1951.] Acts Amendment (Superannuation [No. 25.

and Pensions).

f. First,

(14) The Schedules to the principal Act are second

Third and

amended by—

Fourth

Schedules to

li 34

(a)

substituting for the headings to the second of

ituted

and third columns respectively, in each of subst

ra-

the First and Third Schedules, the respec- tiSfilleidnirthe

Gazette of

tive headings—

14th Decem-

E,11

19604t5-,11t69;

Contribution for

Contribution for

first two units.

each subsequent 7904.761014.

two units.

34 of 1938,

Cf. Act No.

(b)

substituting for the heading to the second renumbered

column in each of the Second and Fourth la rileptgeit.

Schedules, the heading

Contribution for

two units.

SUPERANNUATION ACT, 1871-1947.

3. (1) This section may be read as one with the ToTtruc-

Superannuation Act, 1871-1947 (35 Victori, No. 7, as amended by 49 Victori, No. 4 and No. 48 of 1937, and No. 59 of 1947), referred to in this section as the principal Act.

Citation of

The principal Act, as amended by this Act, may be cited as the Superannuation Act, 1871-1951.

principal Act

as amended

by this Act.

S. 1

(2)

The following subsection is added to section one of the principal Act:

amended.

Cf. No.59 of

1947, s.4.

(3)

(3a) On and after the first day of October, 1951, the rates per annum of superannuation allowance payable but for this subsection and being rates of less than seven hundred and two pounds per annum, shall be increased by-

one-fifth, if the superannuation allowance is at the rate of two hundred and sixty pounds or less per annum;

fifty-two pounds per annum, if the super- annuation allowance is at a rate in excess of two hundred and sixty pounds per annum and not more than six hundred and fifty pounds per annum; and

No. 25.] Acts Amendment (Superannuation [1951.

and Pensions).

such sum per annum as will increase that superannuation allowance to the rate of seven hundred and two pounds, if that superannuation allowance is at a rate of more than six hundred and fifty pounds per annum.

GOVERNMENT EMPLOYEES' PENSIONS

ACT, 1948.

Construc-

tion.

4. (1) This section shall be read as one with the Government Employees' Pensions Act, 1948 (Act No. 56 of 1948), referred to in this section as the principal Act.

Citation of

principal Act

(2)

The principal Act, as amended by this Act,

as amended

by this Act.

may be cited as the Government Employees' Pensions

Act, 1948-1951.

8.3

amended.

(3) The following proviso is added to section three of the principal Act:

Provided further that on and after the twenty-ninth day of September, 1951, pensions calculated in accordance with the provisions of paragraphs (a) and (b) of this section shall be increased by one-fifth, and the amount of one hundred and thirty pounds per annum men- tioned in the first proviso to this section shall thereupon be increased to one hundred and fifty-six pounds per annum.

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