Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1969 (Qld)

21 wumislallbr ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 7 of 1969 An Act to Amend The Coal and Oil Shale Mine Workers (Pensions ) Acts 1941 to 1968 in certain particulars [ASSENTED TO 27TH OCTOBER, 1969] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1969. (2) The Coal and Oil Shale Mine Workers (Pensions) Act of 1941 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this AcL may be cited as the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1969. 2. Amendments of s. 10B-Rates of pension . Section 10B of the Principal Act is amended- (a) by omitting subsection (1) and inserting in its stead the following subsections:- " (1) Subject to this Act a person entitled to a pension under this Act shall be entitled to receive a pension at the rate in the Table to this section (in this section referred to as the " Table ") set opposite to the class of pensioner to which, having regard to

22 Coal and Oil Shale, Etc. (Pensions ) Act Amdt Act 1969, No. 7 the provisions of this Act and the circumstances of the case, the person in question belongs, ascertained in accordance with the following provisions:- (a) in the case of a single pensioner or widower entitled to a pension under section 6 or awarded a pension pursuant to section 7 of this Act, the rate payable shall be-- (i) until the day immediately preceding the first Commonwealth age pension pay day occurring after the expiration of the period of five years commencing on the date of allowance of pension, the rate specified in the second column of the Table; and (ii) thereafter, the rate specified in the third column of the Table; (b) in the case of a pensioner entitled to a pension under section 6 or awarded a pension pursuant to section 7 of this Act and entitled to be paid at the rate specified for a married man or man and housekeeper, the rate payable shall be- until the day immediately preceding the first Commonwealth age pension pay day occurring after the expiration of the period of five years commencing on the date of allowance of pension , the rate specified in the second column of the Table; and (ii) thereafter the rate specified in the third column of the Table, but where at the expiration of such period of five years the pensioner ' s wife or housekeeper , as the case may be, is not qualified by reason of age for a Commonwealth age pension and not qualified by reason of permanent incapacity for work or permanent blindness for a Commonwealth invalid pension, the rate specified in the second column of the Table shall continue to be payable until the day immediately preceding the first Commonwealth age and invalid pension pay day occurring after such time as the wife or housekeeper attains the qualifying age for such an age pension or becomes qualified by reason of permanent incapacity for work or permanent blindness for such an invalid pension whichever happens sooner; (c) in the case of a pensioner entitled to a pension under subparagraphs (i) or (ii) of paragraph (a) of subsection (2) of section 9 of this Act by reason that she was the widow or housekeeper of a person referred to in paragraph (a) of subsection ( 1) of that section , the rate payable shall be- (i) until the day immediately preceding the first Commonwealth age, or , where the pensioner is not at the expiration of the period hereinafter specified in this subparagraph then entitled by reason of age to an age pension, widow's pension, pay day occurring after the expiration of the period of five years commencing on the date of allowance of pension to the person through whom she derived her entitlement

Coal and Oil Shale , Etc. (Pensions ) Act Arndt Act 1969 , No. 7 23 to the pension first mentioned in this paragraph (c), the rate specified in the second column of the Table; and (ii) thereafter , the rate specified in the third column of the Table; (d) in the case of a pensioner entitled to a pension under subparagraphs ( i) or (ii ) of paragraph ( a) of subsection (2) of section 9 of this Act by reason that she was the widow or housekeeper of a person referred to in paragraph (b), (c), (d) or ( e) of subsection (1) of that section , the rate payable shall be- (i) until the day immediately preceding the first Commonwealth age, or , where the pensioner is not at the expiration of the period hereinafter specified in this subparagraph then entitled by reason of age to an age pension, widow ' s pension , pay day occurring after the period of five years commencing on the date of allowance of the pension, the rate specified in the second column of the Table; and (ii) thereafter , the rate specified in the third column of the Table; (e) in the case of a pensioner entitled to a pension under subparagraph ( iii) of paragraph ( a) of subsection (2) of section 9 of this Act, the rate payable shall be the rate specified in the second column of the Table. (lA) A person who was entitled immediately prior to the commencement of the Coal and Oil Shale Mine Workers ( Pensions) Act Amendment Act 1969 to receive a pension under the provisions of this Act as then in force shall subject to this Act by virtue of that entitlement be paid on and from the said commencement a pension at the rate specified in the Table set opposite to the class of pensioner to which , having regard to the provisions of this Act and the circumstances of the case, the person in question belongs ascertained in accordance with the provisions of subsection (1) of this section instead of at the rate at which that pension including any additions thereto was payable to him prior to that commencement."; (b) by in subsection (2)- (i) inserting after the word " second " the words " or third "; and (ii) by omitting the words " third column " and inserting in their stead the words " fourth column "; (c) by inserting in subsection ( 3) after the word " second " the words " or third"; (d) by omitting from subsection ( 4) the word " one " and inserting in its stead the word " two "; (e) by omitting from subsection ( 7) the words " paragraph (b) of subsection ( 1) " and inserting in their stead the words " subsection (]A)"; (f) by inserting after subsection ( 8) the following subsection:- " (9) In this section a reference to a Commonwealth age, invalid or widow's pension is a reference respectively to an age, invalid or widow's pension under the Social Services Act1947-1968 of the Commonwealth as amended from time to time."; and

24 Coal and Oil Shale, Etc. (Pensions ) Act Amrdt Act 1969, No. 7 (g) by omitting the Table at the end thereof and inserting in its stead the following Table:- " TABLE First Column Class of Pensioner Second Third Fourth Column Column Column Single or widower .. .. .. Married man .. .. .. .. Man and housekeeper .. .. .. Widow aged 60 years or more with no child under 16 years of age .. .. Widow under 60 years of age with no child under 16 years of age .. .. Widow with child under 16 years of age Child .. .. .. .. .. Per week $16.25 $30.00 $30.00 $15.25 $15.25 $15 .25 $2.50 Per week $15.25 $26.50 $26.50 $14.25 $14 .25 $14.25 Per week $2.25 S5.00 $5.00 $1.25 $2.50 $1.25 3. Operation of Act. This Act shall be deemed to have come into force on and from the thirteenth day of May, one thousand nine hundred and sixty-nine and shall operate retrospectively accordingly.