Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 (Qld)

306 C 1uClellslttn ' ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE 00000 P..e No. 24 of 1970 An Act to Amend the Coal and Oil Shale Mine Workers (Pensions ) Act 1941-1.969 i n certain particulars [ASSENTED TO 2ND NOVEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consen 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 1970. (2) The Coal and Oil Shale Mine Workers (Pensions) Act 1941-1969 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be collectively cited as the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1970.

Coal and Oil Shale, Etc. (Pensions) Act Arndt Act 1970, No. 24 307 2. Commencement . (1) Except as in this Act otherwise provided, this Act shall come into operation on the day on which it is assented to by or on behalf of Her Majesty. (2) Section 11 of this Act shall come into operation on the eighth day of October one thousand nine hundred and seventy and if this Act is assented to after that date, that section shall be deemed to have come into operation on the said date and to the extent necessary to give effect to this subsection, this Act shall have effect retrospectively and shall operate accordingly. 3. Amendment of s. 2. Meaning of terms. Section 2 of the Principal Act is amended by in subsection (1)- (a) inserting in the definition of " Housekeeper ", after the words " who has no wife ", the words " who is being totally or mainly maintained by him "; (b) inserting after the definition of " Mine worker " the following definition:- Minister means the Minister for Mines or other Minister of the Crown for the time being administering this Act;"; and (c) inserting at the end of the definition of " Owner " the following words:- ": The term includes any person or body corporate who is the holder of an authority to prospect for coal under those Acts ". 4. Repeal of and new s. 2A. Section 2A of the Principal Act is repealed and the following section is inserted in its stead:- "2A. Employee of contractor deemed to he a mine worker. (1) Where in connexion with any coal or oil shale mine, a mining operation is carried on by any person or body corporate (herein in this section called " the contractor ") other than the owner of the mine pursuant to an agreement made between the owner and the contractor, any person employed by the contractor under an industrial award of the Coal Industry Tribunal in respect of the coal mining industry in carrying on the mining operation who, if he carried out the same duties or performed the same work as an employee of the owner of the mine would be a mine worker under this Act, shall for the purposes of this Act be deemed to be a mine worker but this provision does not constitute the contractor the owner, within the meaning of this Act, of the n.in4, (2) For the purposes of this section, the Tribunal may declare any operation to be a mining operation in connexion with a coal or oil shale mine for the purposes of this section.".

308 Coal and Oil Shale, Etc. (Pensions) Act Arndt Act 1970, No. 24 5. Amendment of s. 4 . Reciprocating States. Section 4 of the Principal Act is amended- (a) by omitting from subsection (4) the words " in subsection IA" and inserting in their stead the words " in subsection (2) "; (b) by adding after subsection (5) the following subsection:- " (6) A reference howsoever in this section to " a pension under this Act" shall be deemed to include a reference to "a lump sum benefit payment under this Act " and this section shall be read and construed accordingly and for the purpose of giving operation and effect to any agreement under this section in relation to lump sum benefit payments, subsection (4) of this section shall be read as if the words " and in section 6A " had been inserted therein after the words " in section six " and the words " and in subsections (3) and (4) of section 10c " had been inserted after the words " section seven ".". 6. Amendment of s. 5. Employment after 60 years of age prohibited. Section 5 of the Principal Act is amended- (a) by omitting subsections (1) and (2) and inserting in their stead the following subsections:- (1) Subject to this section- (a) a person shall not take into or retain in his employment as a mine worker any person who is over the retirement age specified in subsection (2) of this section; (b) a person over the retirement age specified in subsection (2) of this section shall not accept or continue in employment as a mine worker; (c) every person employed as a mine worker shall be retired from and vacate his employment as such immediately upon attaining the retirement age specified in subsection (2) of this section. (2) The retirement age of mine workers shall be- (a) sixty-five years in the case of- (i) any mine worker employed under the Collieries' Staff Award of the Coal Industry Tribunal or any mine worker employed in a clerical capacity; (ii) a Superintendent, Manager or Under Manager of a coal mine or oil shale mine (including the Manager and Under Manager appointed by a tribute party) employed in Queensland; (iii) a Superintendent or an instructor of any mine rescue brigade functioning in Queensland; (iv) any person who is the Chief Inspector of Coal Mines or any inspector or other officer appointed pursuant to the Coal Mining Act1925-1969 and who is not a contributor within the meaning of the Public ServiceSuperannuation Act1958-1969;

Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 309 (b) sixty years in the case of all other mine workers (not being mine workers to whom paragraph (a) of this subsection applies)."; and (b) by omitting subsection (7) and inserting in its stead the following subsection :- " (7) Nothing in this section prevents any mine worker to whom paragraph (a) of subsection (2) of this section applies from retiring at any time after he attains the age of sixty years and before he attains the age of sixty-five years.". 7. Amendment of s. 6. Pensions of retired mine workers . Section 6 of the Principal Act is amended by inserting in subsection (2), after the 'words " This section applies to every mine worker ", the words " who retired before the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 and ". 8. Repeal of and new s. 6A. Section 6A of the Principal Act is repealed and the following section inserted in its stead:- " 6A. Lump sum benefit payments to retired mine workers. (1) Any mine worker to whom this section applies shall upon retirement be entitled to a lump sum benefit payment at the rate prescribed by section (10c) of this Act. (2) This section applies to every mine worker who retires on or after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 and- (a) who satisfies the Tribunal that he has worked as a mine worker in Queensland for fifteen years within the period of twenty years immediately preceding retirement; (b) who satisfies the Tribunal that he has worked as a mine worker in Queensland for twenty years, five of which years occurred in the period. of ten years immediately preceding retirement; (c) who satisfies the Tribunal that he has worked as a mine worker in Queensland for twenty-five years, ten of which years occurred in the period of twenty years immediately preceding retirement; (d) who satisfies the. Tribunal that he has worked as a mine worker in Queensland for thirty years, five of which years occurred in the period of fifteen years immediately preceding retirement; (e) who satisfies the Tribunal that he has worked as a mine worker in Queensland for thirty-five years; (f) who satisfies the Tribunal that he was at least fifty-seven years of age on the passing of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 and would upon retirement have been eligible for a pension pursuant to paragraph (f) of subsection (2) of section 6 of the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1969 but for the amendment of that subsection by the Act first mentioned in this paragraph;

310 Coal and Oil Shale, Etc. ( Pensions ) Act Amdt Act 1970, No. 24 (g) who satisfies the Tribunal that he was at least fifty years of age on the passing of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 and that he worked as a mine worker in Queensland for not less than fifty per centum of the period from the passing of that Act to the date of his retirement and not less than twenty years in all; (h) who satisfies the Tribunal that he- (i) was at least forty years of age on the eighteenth day of April one thousand nine hundred and sixty-eight; (ii) was employed as a mine worker in Queensland within the period of three months immediately preceding or within the period of three months immediately following the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970; and (iii) worked as a mine worker in Queensland for not less than fifty per centum of the period from the passing of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 to the date of his retirement. (3) Where the Tribunal has, pursuant to the provisions of subsection (5) of section 18 of this Act refunded to a person the amount of any contributions paid by him as a. mine worker to the Tribunal in respect of the Fund, the period or periods determined by the Tribunal pursuant to subsection (6) of section 18 of this Act shall not be taken into account for the purposes of the application of this section to him.". 9. Repeal of and new s . 7. Pensions , lump sum benefit payments on permanent incapacity . Section 7 of the Principal Act is repealed and the following new section is inserted in its stead:- " 7. Pensions, lump sum benefit payments, on permanent incapacity . (1) Any mine worker to whom this section applies shall be entitled to- (a) where the date on which his entitlement under this section arose occurred before the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970, a pension at the rate prescribed by section 10B of this Act; (b) where the date on which his entitlement under this section arose occurred after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970, a lump sum benefit payment ascertained at the rate prescribed by section 10c., of this Act. (2) This section applies to any mine worker who proves to the satisfaction of the Tribunal-- (a) that he has been incapacitated by injury and that by reason of such incapacity he is permanently incapacitated for work; or

Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 311 (b) that he is permanently incapacitated for work, that by reason of the incapacity he is unable to continue in employment as a mine worker and that he has been engaged in the coal or oil shale mining industries in Queensland for a continuous period of not less than thirteen years immediately preceding the cessation of his employment as a mine worker by reason of such incapacity. (3) The Tribunal may allow a pension or a lump sum benefit payment, as the case may be, to any mine worker even though he may not prove to the satisfaction of the Tribunal that he is a mine worker to whom this section applies where the Tribunal is satisfied that the allowance of such a pension or lump sum benefit payment would not be inconsistent with the general scope and purpose of this section and that, having regard to all the circumstances it is just and equitable to allow such a pension or lump sum benefit payment to the mine worker. (4) For the purposes of this section "the date on which his entitlement under this section arose " shall be the date on which the Tribunal makes a determination as to the mine worker's entitlement under subsection (2) or (3) of this section or such earlier date as it may specify in the determination. (5) A mine worker shall be deemed to be permanently incapacitated for work if the degree of his incapacity for work is not less than eighty-five per centum. (6) The Tribunal may require any applicant for a pension or lump sum benefit payment under this section to submit himself to a medical examination, satisfactory to the Tribunal, as to the degree of his incapacity. (7) A mine worker is not eligible for a pension or a lump sum benefit payment under this section where the permanent incapacity is due to an intentional self-inflicted injury.". 10. Amendment of s. 9. Pension payable to dependants. (1) Section 9 of the Principal Act is amended- (a) by omitting from subsection (1), paragraphs (c), (d) and (e); (b) by omitting from that subsection the words " of this Act; or (secondly occurring) and inserting in their stead the words " of this Act,"; (c) by omitting from subsection (4) the words " to whom a pension is payable pursuant to subsection (5) " and inserting in their stead the words " in. respect of whom an addition is payable pursuant to subsection (4) ". (d) by adding after subsection (4) the following subsection:- " (5) For the purposes of this section a widow or housekeeper shall be regarded as being mainly maintained by the deceased immediately preceding his death, if in the opinion of the Tribunal she was being financially supported by the deceased within the reasonable limits of his financial capacity to do so, whether or not she was actually resident with him.".

312 Coal and Oil Shale, Etc. (Pensions) Act Anidt Act 1970, No. 24 (2) The omission of paragraphs (c), (d) and (e) of subsection (1) of section 9 of the Principal Act by subsection (1) of this section shall not affect any pension payable pursuant to those paragraphs immediately preceding the commencement of this Act and any such pension is, notwithstanding such omission, to the extent subsisting preserved and continued. 11. Repeal of and new s. 10B. Rates of pensions . Section 10B of the Principal Act is repealed and the following section inserted in its stead :- " 10B. Rates of pension . (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 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 Common- wealth 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- (i) until the day immediately preceding the first Common- wealth 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 Common- wealth age pension and not qualified by reason of permanent incapacity for work or permanent blindness for a Commonwealth Invalid Pension, the rate payable shall be the rate determined by the Tribunal after full consideration of the financial circumstances of the pensioner (such rate not to exceed the rate specified in the second column of the Table and not to be less than the rate specified in the third column of the Table)

Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 313 or that rate as varied (within those limits) from time to time by the Tribunal according to the changing financial circumstances of the pensioner, until such time as the pensioner's wife or housekeeper attains 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 first mentioned in this paragraph (c), through whom she derived her entitlement to 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, but where at the expiration of such period of five years such widow is not qualified by reason of age for a Commonwealth age or widow's pension and not qualified by reason of permanent incapacity for work or permanent blindness for a Commonwealth invalid pension, the rate payable shall be the rate determined by the Tribunal after full consideration of the financial circumstances of the pensioner (such rate not to exceed the rate specified in the second column of the Table and not to be less than the rate specified in the third column of the Table) or that rate as varied (within those limits) from time to time by the Tribunal according to the changing financial circumstances of the pensioner, until such time as the pensioner attains qualifying age for such an age pension or widow's pension or becomes qualified by reason of permanent incapacity for work or permanent blindness for such an invalid pension which ever happens sooner. (d) in the case of a pensioner entitled to a pension under subparagraphs (i) or (ii) 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) of subsection (1) of that section, the rate payable shall be-- until the day immediately preceding the first Commonwealth age, or, where the pensioner is not at the expiration of the period hereinafter specified

314 Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1. 970, No. 24 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; but where at the expiration of such period of five years such widow is not qualified by reason of age for a Commonwealth age or widow's pension and not qualified by reason of permanent incapacity for work or permanent blindness for a Commonwealth invalid pension the rate payable shall be the rate determined by the Tribunal after full consideration of the financial circumstances of the pensioner ( such rate not to exceed the rate specified in the second column of the Table and not less than the rate specified in the third column of the Table) or that rate as varied (within those limits) from time to time by the Tribunal according to the changing financial circumstances of the pensioner, until such time as the pensioner attains qualifying age for such an age pension or widow's pension or becomes qualified by reason of permanent incapacity for work or permanent blindness for such an invalid pension whichever happens sooner. (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. (2) A person who was entitled immediately before the commencement of the Coal and Oil Shale Mine Workers ( Pensions) Act Amendment Act 1970 to receive a pension under the provisions of this Act as then in force shall subject to this Act by virtue of that entitlement and whilst that entitlement subsists 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 was payable to him immediately before that commencement. (3) Notwithstanding anything contained in subsections (1) and (2) of this section, where the weekly rate of pension that would otherwise have been payable to any person on the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 is less than the weekly rate that was payable to such person immediately before the commencement of that Act, the weekly rate of pension tilat was then payable shall continue to be payable until the day immediately preceding the first Commonwealth age pe: nsion pay day occurring after the expiration of the period of six months immediately following the

Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 315 commencement of the said Act, but where by reason of the changed circumstances of any such person the provisions of this section require payment of his pension to be made at a rate specified for another class of pensioner the rate payable to him for the remainder of such period of six months shall be the rate that would have been payable to him under the provisions of the Act as in force immediately before the commencement of the said Act as a member of that other class of pensioner. (4) A pensioner who is entitled to a pension under section 6 or section 7 of this Act at the rate specified in the second column of the Table and who totally or mainly maintains a child or children under sixteen years of age shall receive an addition to his pension of two dollars fifty cents per week in respect of each such child: and where the Tribunal is satisfied that such a. child is continuing his education by attending an educational institution in a full time capacity beyond his sixteenth year it may in its discretion direct that such addition be paid in respect of the child until- (a) the child ceases to be so educated; (h) the child attains the age of eighteen years; or (c) the death of the child, whichever sooner happens. (5) Where the Tribunal is satisfied that a pension is not payable to a child by reason only that the child is over the age of sixteen years and that the child (not being over eighteen years of age) is continuing his education by attending an educational institution in a full time capacity beyond his sixteenth year, it may in its discretion direct that a pension shall be payable to the child which pension shall be payable until- (a) the child ceases to be so educated; (b) the child attains the age of eighteen years; or (c) the death of the child, whichever sooner happens. (6) In this section- " married man" means a man whose wife is totally or mainly maintained by him; and widow " includes the person who was the housekeeper of the deceased mine worker and was totally or mainly maintained by him immediately before his death. (7) For the purposes of section 9 of this Act and subsection (6) of this section a wife or housekeeper or widow shall be regarded as being mainly maintained by the deceased immediately before his death, if in the opinion of the Tribunal she is or was being financially supported by the pensioner, or the deceased, within the reasonable limits of his financial capacity to do so, whether or not she is or was actually resident with him. (8) this section a reference to a Commonwealth age, invalid c widow's pension is a reference respectively to an age, invalid or widow's pension under the Social Services Act1947-1969 of the Commonwealth as amended from time to time.

316 Coal and Oil Shale, Etc. (Pensions ) Act Amdt Act 1970, No. 24 (9) When and so often as the rate of age pension payable under the Social Services Act1947-1969 of the Commonwealth (or any Act amending or substituted for that Act) is increased, the amounts specified in the second column of the Table to this section, save the amount set out in the said second column opposite and relative to the word " child ", shall be increased by the addition thereto of a sum equal to- (a) in the case of a single pensioner or widower or widow, the increase in the maximum weekly rate of the said age pension payable to a single pensioner; (b) in the case of a married man or man and housekeeper the combined increase in the maximum weekly rates of the said age pension payable to a married pensioner and wife, and for the purposes of determining the first such increase the weekly rate of the said age pension as on the date on which this section comes into operation shall be, or be deemed to be, in the case of a single pensioner fifteen dollars, and in the case of a married man or man and housekeeper twenty-six dollars fifty cents. (10) Any increase in the weekly rates of pensions made pursuant to subsection (9) of this section shall become payable to persons then in receipt of a pension from the date on which the increase in the rate of age pension becomes payable. (11) For the purposes of subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and subparagraph (i) of paragraph (c) of subsection (1) of this section any period during which the person in question or the person through whom that person derived her- entitlement to pension received a pension pursuant to subsection (6) or subsection (7) of section 10B of the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1969, or any period during which pension payments were not payable under this Act shall be disregarded in calculating the expiration of the period of five years referred to in the said subparagraphs. TABLE First Column Class of Pensioner Single or widower Married man Man and housekeeper Widow Child Second Column I Third Column Per week $21.00 $34.50 $34.50 $18.25 $2.50 Per week $6.00 $8.00 $8.00 $3.25 if 12. New s. 10C. Rates of lump sum benefit payments . The following section is inserted after section 10B of the Principal Act:- " 10C. Rates of lump sum benefit payments . (1) Subject to this Act a person entitled to a lump sum benefit payment pursuant to section (6A) of this Act shall, be entitled to such payment at the rate of twenty-five dollars for each completed calendar month of employment as a mine worker.

Coal and Oil Shale, Etc. (Pensions) Act Arndt Act 1970, No. 24 317 (2) Subject to this Act a person entitled to a lump sum benefit. payment pursuant to paragraph (b) of subsection (1) of section 7 shall be entitled to such payment at the rate of twenty-five dollars for each completed calendar month of employment as a mine worker. (3) Upon the death of- (a) a mine worker whose death occurs before his retirement and who, if the date of his death had been the date of his retirement, would have been eligible for a lump sum benefit payment pursuant to section 6A of this Act, or (b) a mine worker whose death is found to have been due to injury which, if he had remained alive, would have rendered him eligible for a lump sum benefit payment pursuant to paragraph (a) of subsection (2) of section 7 of this Act; or (c) a mine worker who has actually worked as a mine worker in Queensland for not less than sixty days in the period of twelve months and for not less than three hundred days in the period of five years immediately preceding the date of his death, the widow of such deceased mine worker, if she was in the opinion of the Tribunal being totally or mainly maintained by the deceased mine worker immediately before his death, shall be entitled to a lump sum benefit payment at the rate of twenty-five dollars for each completed calendar month of the deceased mine worker's employment as a mine worker in Queensland. (4) Where no lump sum benefit payment is payable under subsection (3) of this section and there is a child or children of the deceased mine worker under the age of sixteen years who was or were in the opinion of the Tribunal totally or mainly maintained by the deceased mine worker immediately before his death, the legal personal representative of the deceased mine worker shall be entitled to payment for and on behalf of the child or children of a lump sum benefit payment at the rate of twenty-five dollars for each completed calendar month of the deceased mine worker's employment as a mine worker in Queensland. (5) For the purposes of subsections (3) and (4) of this section-- (a) a widow shall be deemed to have been mainly maintained by the deceased mine worker immediately before his death if, in the opinion of the Tribunal, she was at that time being financially supported by the deceased mine worker within the reasonable limits of his financial capacity to do so, whether or not she was actually resident with him; (b) a child under the age of sixteen years shall include a child over the age of sixteen years but under the age of eighteen years if the Tribunal is satisfied that such child is continuing his education by attending an educational institution in a full time capacity.

318 Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 (6) The preceding provisions of this section apply subject to the following provisions of this section. (7) Where the amount of any lump sum benefit payment otherwise payable to any person under subsection (2), (3) or (4) of this section is less than four thousand five hundred dollars the amount of the lump sum benefit payable under the subsection in question shall be the sum of four thousand five hundred dollars. (8) The amount of any lump sum benefit payment payable to any person under this section shall not exceed the sum of thirteen thousand dollars. (9) The amount of any lump sum benefit payment otherwise payable to any person under this section shall not include payment for any period of employment as a mine worker in respect of which he received payment pursuant to subsection (6) of section 108 of the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1969. (10) The amount of any lump sum benefit payment otherwise payable to any person under this section shall not include payment for any period of employment as a mine worker before the fifth day of January one thousand nine hundred and forty-two unless evidence of such employment satisfactory to the Tribunal has been furnished by such person to the Tribunal. (11) Where the Tribunal has made a lump sum benefit payment to a mine worker pursuant to this section, the period or periods of employment in respect of which such payment was made shall be disregarded in the consideration of any subsequent application by the mine worker for any further or other benefit under this Act. (12) For the purposes of this section the term " employment " shall not include any period during which a mine worker is absent from work on annual leave or sick leave or in receipt of Workers Compensation for an injury sustained as a mine worker unless he worked as a mine worker immediately before and immediately after such period of absence.". 13. Repeal of s. 11 . No pension while compensation payable. Section 11 of the Principal Act is repealed. 14. Amendment of s. 13. Application for pensions . Section 13 of the Principal Act is amended- (a) by adding to the marginal note the words " or lump sum benefit payments "; (b) by omitting from subsection (1) the word " prescribed " (wherever occurring) and inserting in its stead the word " approved "; (c) by inserting, after the words " for a pension " where occurring in subsections (1) and (7), the words " or lump sum benefit payment "; (d) by adding at the end of subsection (6) the words "or, in the case of an application for a lump sum benefit payment, the number of completed calendar months of employment as a mine worker in respect whereof the lump sum benefit payment is payable under this Act "; and (e) by adding after subsection (7) the following subsection:- " (8) In this section " approved " means approved by the Tribunal.".

Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 319 15. Amendment of s. 18 . Contributions . Section 18 of the Principal Act is amended by omitting paragraph (b) of subsection (5) and inserting in its stead the following paragraph:- (b) a mine worker (male or female) who after the eighteenth day of April one thousand nine hundred and sixty-eight ceased employment as a mine worker for any reason other than death and who on so ceasing whether before or after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 was or is not entitled to any pension or lump sum benefit payment under this Act and who has contributed to the Fund in respect of two years at least subsequent to that date or one year at least subsequent to the commencement of the said Act: but contributions paid by the mine worker prior to the said date shall not be refunded unless the mine worker was actually employed as a mine worker on the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 or within the period of three months immediately preceding such commencement; ". 16. Amendment of s. 24. Recovery of overpayment of pensions. Section 24 of the Principal Act is amended- (a) by adding at the end of the marginal note the words " and lump sum benefit payments "; (b) by inserting in subsection (1) after the words " Where it is found that any ", the words " lump sum benefit payment or any part of any such payment or any "; and (c) by inserting in that subsection, after the words " paid by way of "; the words " lump sum benefit payment or ". 17. Amendment of s. 28. Offences. Section 28 of the Principal Act is amended by inserting after the word " pension " (wherever occurring) the words " or lump sum benefit payment ". 18. Amendment of s. 31. Regulations . Section 31 of the Principal Act is amended by inserting in paragraphs (a) and (b) of subsection (2), after the word " pensions ", the words " or lump sum benefit payments ". 19. Modification of s. 10B of the Principal Act. (1) In respect of the period commencing on the first day of January one thousand nine hundred and seventy and ending on the seventh day of October one thousand nine hundred and seventy (both days inclusive) section 10B of the Principal Act shall be read and construed and shall have effect as if the Table to this section were substituted for the Table to that section. (2) This section shall., be deemed to have come into operation on the first day of January one thousand nine hundred and seventy and to the extent necessary to give effect to this subsection this Act shall have effect retrospectively and shall operate accordingly.

320 Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1970, No. 24 TABLE First Column Class of Pensioner 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 .. Second Column Per week $21.00 $34.50 $34.50 $18.25 $18.25 $18.25 $2.50 Third Column Per week $15.25 $26.50 $26.50 $14.25 $14.25 $14.25 Fourth Column Per week $6.00 $8.00 $8.00 $3.25 $3.25 $3.25