Acts Amendment (Superannuation and Pensions) Act 1957 (WA)

No. b5.] Acts Amendment (Superannua- [1957.

tion and Pensions).

ACTS AMENDMENT

(SUPERANNUATION AND

PENSIONS).

6° Elizabeth II., No. LV.

No. 55 of 1957.

AN ACT to amend the Superannuation and Family Benefits Act, 1938-1955; the Superannuation Act, 1871-1951; and the Government Employees' Pensions Act, 1948-1951.

[Assented to 6th December, 1957.]

BE it enacted by the Queen'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 title. 1. (1) This Act may be cited as the Acts Amend-

ment (Superannuation and Pensions) Act, 1957.

1957.] Acts Amendment (Superannua- [No. 55.

tion and Pensions).

(2) This Act shall come into operation on the first =ence-

day of January, one thousand nine hundred and

fifty-eight.

SUPERANNUATION AND FAMILY

BENEFITS ACT, 1938-1955.

Short title

2. (1) In this section the Superannuation and and citation.

Family Benefits Act, 1938-1955,

Act No. 34 of 1938, reprinted with amendments	Vol. 5,
approved for reprint,
to and including Act No. 65 of 1947 incorporated	3rd Aprn,
pursuant to the provisions of the Amendments	1950.
Incorporation Act, 1938, and further amended by Acts Nos. 39 of 1950, 25 of 1951 and 36 of 1955,

is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Superannuation and Family Benefits Act, 1938-1957.

(3) Section thirty-seven of the principal Act is amended.

amended by substituting for the passage comment- 95t.k.,:352;; ing with the word, "employee" in line seven of sub- min). 78 of

section (1) and ending with the last line of the table enacted by subsection (4) of section two of Act No. 25 of 1951, the passage, "employee

(a) in accordance with scale A appended to this subsection if the employee commenced con- tributing before the first day of January, one thousand nine hundred and fifty-eight;

Or

(b) in accordance with scale B appended to this subsection if the employee

(i) commences contributing on or after

that day; or

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

(ii) haying commenced contributing before that day in respect of any number of units elects to contribute after that day for an increase in that number of units, in which case scale B applies only in respect of the increase in the number of units.

SCALE A.

Column One. Column Two.

Where the Annual Salary of the The Employee may

Employee Contribute t h e

Amount necessary

to provide Units of

Exceeds Does not Exceed Pension as under.

130  Two.

130	156	Two and a half.
156	208	Three.
208	260	Four.
260	312	Five.
312	364	Six.
364	416	Seven.
416	468	Eight.
468	520	Nine.
520	572	Ten.
572	624	Eleven.
624	676	Twelve.
676	728	Thirten.
728	780	Fourteen.
780	832	Fifteen.
832	884	Sixteen.
884	936	Seventeen.
936	988	Eighteen.

988 1,040 Nineteen.

1,040	1,144	Twenty.
1,144	1,248	Twenty-one.
1,248	1,352	Twenty-two.
1,352	1,456	Twenty-three.
1,456	1,560	Twenty-four.
1,560	1,664	Twenty-five.
1,664	Twenty-six.

1957.] Acts Amendment (Superannua- [No. 55.

tion and Pensions).

SCALE B.

Column One. Column Two.

Where the Annual Salary of the The Employee may

Employee Contribute t h e Amount necessary to provide Units of

Exceeds Does not Exceed Pension as under.

162  Two.

162	195	Two and a half.
195	260	Three.
260	325	Four.
325	390	Five.
390	455	Six.
455	520	Seven.
520	585	Eight.
585	650	Nine.
650	715	Ten.
715	780	Eleven.
780	845	Twelve.
845	910	Thirteen.
910	975	Fourteen.

975 1,040 Fifteen.

1,040	1,105	Sixteen.
1,105	1,170	Seventeen.
1,170	1,235	Eighteen.
1,235	1,300	Nineteen.
1,300	1,430	Twenty.
1,430	1,560	Twenty-one.
1,560	1,690	Twenty-two.
1,690	1,820	Twenty-three
1,820	1,950	Twenty-four.
1,950	2,080	Twenty-five.
2,080	Twenty-six.

S. 43

(4) Section forty-three of the principal Act is	amended.
Cf. No. 25 of

amended	1951, s. 2 (6)
(a).

(a) by substituting for subsection (1), the following subsection:

(1) Where units of pension are paid

from the fund on or after the first day of

January, one thousand nine hundred and

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

fifty-eight on the basis of contribution corresponding to the rate prescribed for the age of the contributor at the date upon which he commenced to pay the contribution, the State shall, in respect of each unit or part of a unit of pension

(a)	pay to the fund a sum equal to two-thirds of the payment made from the fund on or after that day if payment of the pension commenced before that day, and in addition, irrespective of the number of units of the pension, a supplementation at the rate of fifty-two pounds per annum on or after that day in respect of each pension payment of which commenced before that day; and
(b)	pay to the fund a sum equal to five-sevenths of the payment made from the fund on or after that day in respect of each pen- sion payment of which com- mences on or after that day. ; and

(b) by repealing subsection (2).

S. 44

amended.	(5) Section forty-four of the principal Act is
Cf. No. 39 of

1950, s. 9;	amended
and No. 25 of

1951, s.2 (7).	(a)	by substituting for the word, "person" in line two of subsection (1), the word, "pen- sion"; and
(b)	by substituting for subsection (2), the fol- lowing subsection:

(2) (a) In order to determine the sum payable in each case by the State under this section

(i) in respect of pensions payment of which commenced before the first day of January, one thous- and nine hundred and fifty-eight,

1957.] Acts Amendment (Superannua- [No. 55.

tion and Pensions).

the rate of contribution actually payable by the contributor shall be subtracted from three times the rate prescribed for the age of the contributor on the date or which he commenced to pay the contribution, and the ratio of that difference to three times the rate so prescribed shall be com- puted; or

(ii) in respect of pensions payment of which commences on or after that day, the provisions of sub- paragraph (i) of this paragraph shall be applied but with the substitution of three and one- half times the rate so prescribed for three times that rate.

(b) Subject to this Act, the ratio so computed represents such part of the pension payment made from the fund as the State shall pay to the fund.

(6) Section forty-six A of the principal Act is Uglilded.

amended

(a) by substituting for subsection (1) the fol- lowing subsection:

(1) Where payment of any pension under this Act, not being a pension pay- able in respect of a child, commenced before the first day of January, one thousand nine hundred and fifty-eight, the amount payable on and after that day in respect of the pension shall, not- withstanding any other provision of this Act, be fifteen shillings for each unit of the pension and in addition a supplemen- tation at the rate of fifty-two pounds per annum irrespective of the number of units of pension. ; and

(b) by adding after the word, "increase" in line two of subsection (2), the passage, "payable from that Fund on or after the first day of

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

January, one thousand nine hundred and fifty-eight as the result of the operation of subsection (1) of this section,"; and

(c) by substituting for the passage, "date of commencement of the Superannuation and Family Benefits Act Amendment Act, 1947" in lines three, four and five, of subsection (3), the passage, "the thirty-first day of December, one thousand nine hundred and fifty-seven".

S. 46B

repealed. (7) Section forty-six B of the principal Act is

repealed.

S.57

amended.	(8) Section fifty-seven of the principal Act is
Cf. No. 39 of

1950, a. 1/ (a)	amended
and (b); and
No. 36 of

1955, a 6 (a). (a) by substituting for subsection (2) the fol-

lowing subsection:

(2) (a) In addition to the pension and benefits payable under subsection (1) of this section, there shall be payable, as from but excluding the thirty-first day of December, one thousand nine hundred and fifty-seven, a payment of one pound per week for the benefit of each child of the deceased qualified contributor until the child attains the age of sixteen years, or ceases to be wholly maintained by the widow, or by a person or body, having the care of the child, whichever happens first.

(b) The payment of one pound per week for the benefit of each child of the deceased qualified contributor

(i)    shall be made to the widow or other person or body, as the case may be, wholly maintaining the child; and

(ii)    shall, subject to adjustment pur- suant to section forty-four of this Act if that section is applicable,

1957.] Acts Amendment (Superannua- [No. 55.

tion and Pensions).

be made as to seven shillings and sixpence from the Fund, and as to twelve shillings and sixpence by the State from the Consoli- dated Revenue Fund which is, to the necessary extent, hereby permanently appropriated. ; and

(b) by substituting for subsection (3) the fol- lowing subsection:

(3) (a) Where at the time of the death ?Inalig): of a qualified contributor to whom sub- liTsiThicg section (1) of this section relates, the

qualified contributor was a widower or was divorced from his wife, and leaves surviving him any child, there shall be payable as from but excluding the thirty- first day of December, one thousand nine hundred and fifty-seven, for the benefit of each child he so leaves a pay- ment of one pound per week until the child attains the age of sixteen years or ceases to be wholly maintained by any person or body having the care of the child, whichever happens first.

(b) The payment of one pound per week for the benefit of each child the qualified contributor so leaves shall be made

(i)  to the person or body wholly maintaining the child; and

(ii)    shall, subject to adjustment pur- suant to section forty-four of this Act if that section is applicable, be made as to seven shillings and sixpence from the Fund, and as to twelve shillings and sixpence by the State from the Consoli- dated Revenue Fund which is, to the necessary extent, hereby permanently appropriated.

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

8. 58

amended.	(9) Section fifty-eight of the principal Act is
Cf.No. 25 of

1951, c. 2	amended by substituting for subsection (1) the (1) The unit of pension as from and including the first day of January, one thousand nine hundred and fifty-eight
(10).	following subsection:

(a)	is the sum of thirty-nine pounds per annum for each unit, irrespective of the number of units of the pension and irrespective of any supplementation payable under this Act, if payment of the pension commenced before that day; or
(b)	is the sum of forty-five pounds ten shillings per annum for each unit, irrespective of the number of units of the pension, if payment of the pension commences after that day.

S.62

repealed and	(10) Section sixty-two of the principal Act is
re-enacted

with	repealed and re-enacted amended as follows:-
amendments. Cf. No. 39 of 1950, e. 14;

and No. 36 of	62. (1) On the death of a male contributor before his retirement, pension at the rate of one-half of the pension for which he was contri- buting at the time of his death shall be payable to his widow until her death, or, if she remarries, until her remarriage unless it appears to the Board that in the particular circumstances of the case, the termination of her pension because of remarriage will result in hardship in which case the Board may direct that her pension shall be paid and effect shall be given to the direction.
1955, s. 7.
(2) (a) In addition to the pension payable under subsection (1) of this section, there shall be payable as from but excluding the thirty-first day of December, one thousand nine hundred and fifty-seven a payment at the rate of one pound per week for the benefit of each child of the deceased male contributor, and except as provided in paragraph (b) of this subsection,

1957.] Acts Amendment (Superannua- [No. 55.

tion and Pensions).

for the benefit of each child of his widow, until the child attains the age of sixteen years or ceases to be wholly maintained by the widow or by a person or body having the care of the child.

(b) If the widow remarries, the provisions of paragraph (a) of this subsection do not apply in respect of any child of her remarriage.

(3) Payments under subsection (2) of this

section

(a)	shall be made to the widow or other person or body, as the case may be, wholly maintaining the child; and
(b)	shall, subject to adjustment pursuant to section forty-four of this Act if that section is applicable, be made as to seven shillings and sixpence from the Fund and as to twelve shillings and six- pence by the State from the Consoli- dated Revenue Fund which is, to the necessary extent, hereby permanently appropriated.

8.63

(11) Section sixty-three of the principal Act is

repealed and

re-enacted

repealed and re-enacted amended as follows:-

with

amendments.

Cf. No. 39 of

1950, e. 15;

63. On the death of a male pensioner the No. 25 of 1951, e. 2

provisions of section sixty-two of this Act apply	(11); and No. 36 of
as if repeated in this section but	1955, s. 8.

(a)	as if the reference in subsection (1) of that section to "pension at the rate of one-half of the pension for which he was contributing at the time of his death", were a reference to "pension at the rate of one-half of the pension which he was receiving at the time of his death"; and
(b)	as if any reference in that section to "male contributor" were a reference to "male pensioner".

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

S. 66

amended.	(12) Section sixty-four of the principal Act is amended by substituting for the passage commenc- ing with the word, "there" in line six of subsection (1) and ending with the word, "Fund" being the last word in that subsection, the passage, "the pro- visions of section sixty-two, or as the case requires, of section sixty-three of this Act, relating to children, apply after the thirty-first day of December, one thousand nine hundred and fifty-seven in respect of those children so left and so dependent".
Cf. No. 36 of
1955, a. 9.
S. 80B

added. (13) The principal Act is amended by adding after

Cf. No. 25 of section eighty A the following section:— 1951,a. 2 (12).

80B. The increases effected by the Acts Amendment (Superannuation and Pensions) Act, 1957, in the rates of pensions and benefits commence to apply from and including the first day of January, one thousand nine hundred and fifty-eight.

SUPERANNUATION ACT, 1871-1951.

Short title

and citation.

3. (1) In this section the Superannuation Act, 1871-1951,

Act 35 Victorim, No. 7 as amended by Act 49 Victorim, No. 4 and by Acts Nos. 48 of 1937, 59 of 1947, and 25 of 1951,

is referred to as the principal Act.

(2) The principal Act as amended by this Act

may be cited as the Superannuation Act, 1871-1957.

S. 1

amended.

Cf. No. 48 of

1937, a. 2;	(3)	Section one of the principal Act is amended
No. 59 of 1947, e. 4 (b); and No. 25 of

1951, s. 3. (a) by adding after the word, "shall" in line five of subsection (3a), the passage, "subject to subsection (3b) of this section,"; and

1957.] Acts Amendment (Superannua- [No. 55.

tion and Pensions).

(b) by adding after subsection (3a) the follow- ing subsection:

(3b) (a) In this subsection

"formula" means the following for-

mula

( (a-b) X 52)-c + d = x in which

a = 12, representing in pounds the estimated basic wage content of pensions pay- able under the Super- annuation and Family Benefits Act, 1938;

b = the amount to the nearest shilling of basic wage declared under the Indus- trial Arbitration Act, 1912, at any time after the day on which the Superannua- tion and Family Benefits Act, 1938, came into opera- tion, namely, the first day of March, one thousand nine hundred and thirty- nine;

c = 182, representing in pounds the proportion of pension payable at the rate of five shillings per week per unit in respect of a contribu- tor's contributions for a fourteen unit pension under the Superannua- tion and Family Benefits Act, 1938;

d = the amount of super- annuation allowance to the nearest pound which

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

would have been payable per annum under The Superannuation Act, 1871,. Act 35 Victorim No. 7,. had that Act not been amended; and

x = the amount not exceeding one thousand pounds per annum to the nearest pound of superannuation allowance as adjusted under this subsection.

Subject to the provisions of para- graphs (c) and (d) of this subsection, the rates per annum of superannuation allowances payable under this Act shall be recalculated and adjusted up to but not exceeding one thousand pounds per annum, in accordance with the formula, and as adjusted shall be payable on and from the first day of January, one thous- and nine hundred and fifty-eight.

(b)

Provided that any pension payable prior to the coming into operation of this Act under the Superannuation Act, 18714951, Act 35 Victoria) No. 7, shall not be reduced notwithstanding any of the provisions of this Act, and shall continue to be payable at the rate now payable.

(c)

Where the rate per annum of any superannuation allowance as adjusted under paragraph (b) of this subsection is less than the rate per annum of the allow- ance as increased pursuant to subsection (3a) of this section, the rate of allowance as so increased shall be payable neverthe- less, but where the increase authorised by that subsection has once been applied, no further increase shall be applied under that subsection.

1957.] Acts Amendment (Superannuation [No. 55.

and Pensions).

(d) Where the rate per annum of any

superannuation allowance payable under

this Act and supplemented under the	Cf. No. 78 of
1953 as
Pensions Supplementation Act, 1953-1956,	amended by
Nos. 21 of
while in operation, as adjusted under	78 of 1955.
1955 and
paragraph (b) of this subsection

(i)    is less than one hundred and thirty pounds, the allowance shall be paid at the rate of one hundred and thirty pounds per annum;

(ii)    is more than one hundred and thirty pounds but is less than one hundred and sixty-nine pounds, the allowance shall be paid at the rate of one hundred and sixty-nine p o un d s per annum; or

(iii)    is more than one hundred and sixty-nine pounds but less than two hundred and eight pounds, the allowance shall be paid at the rate of two hundred and eight pounds per annum.

GOVERNMENT EMPLOYEES' PENSIONS

ACT, 1948-1951.

4. (1) In this section the Government Employees' 2=1%m

Pensions Act, 1948-1951,

Act No. 56 of 1948 as amended by Act No. 25 of

1951,

is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Government Employees' Pensions Act, 1948-1957.

No. 55.] Acts Amendment (Superannua- [1957.

tion and Pensions).

S. 3

amended.	(3) Section three of the principal Act is amended word in the proviso added by subsection (3) of section four of Act No. 25 of 1951, the following further proviso:—
Cf. No. 25 of
1951, a. 4 (3);	by adding after the word, "annum" being the last
and No. 78 of
1953, 8. 6.

Provided further

(a) that, on and after the first day of January, one thousand nine hundred and fifty- eight,

(i)   pensions calculated in accordance with paragraphs (a) and (b) of this section shall be increased by one-third instead of one-fifth being the increase mentioned in the second proviso to this section; and

(ii)    the sum of one hundred and thirty pounds per annum mentioned in the first proviso to this section shall be increased to two hundred and eight pounds per annum instead of one hundred and fifty-six pounds per annum mentioned in the second proviso to this section;

and

(b) that a pension calculated in accordance with the provisions of this section shall not be less than at the rate payable pursuant to the provisions of this Act as in operation immediately prior to the coming into operation of the Acts Amend- ment (Superannuation and Pensions) Act, 1957 and pursuant to the Pensions Supplementation Act, 1953-1956 as then in operation.