Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1977 (Qld)

34 ANN O VICESIMO SEXTO I A T AE S CUIN D A E RE G INA E No. 7 of 1977 Act to am end the Coal and O il Shalefine Workers (Pensions) Act 1941--1975 i n certain pa rt icul ars [ASSENTED TO 5TH APRIL, 1977] 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 1977. (2) The Coal and Oil Shale Mine Workers (Pensions) Act 1941-1975 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1977. 2. Commencement . (1) Subject to subsections (2), (3) and (4). this Act shall commence on the day on which it is assented to by the Governor for and on behalf of Her Majesty. (2) Section 3 shall be deemed to have commenced on 18 November 1976 and, to the extent necessary to give effect to this subsection, this. Act shall operate retrospectively accordingly.

Coal andOilShale, Etc. (Pensions) Act Amdt Act 1977, No. 7 35 (3) Section 4 shall be deemed to have commenced on 23 November 1976 and, to the extent necessary to give effect to this subsection, this Act shall operate retrospectively accordingly. (4) Section 5 shall commence on the Monday next following the day on which this Act is assented to by the Governor for and on behalf of Her Majesty. 3. Amendment of s. 10B . Section 10B of the Principal Act is amended by- (a) omitting subsection (9) and substituting the following subsection:- " (9) When and so often as the rate of age pension payable under the Social Services Act1947, as amended from time to time, of the Commonwealth (or any Act, as amended from time to time, of the Commonwealth in substitution therefor) is increased, the amounts specified in the second column of the Table, save the amount set out in that column opposite and relevant to the word " child ", shall be increased or further increased, as the case requires, 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 age pension as on the day on which section 3 of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act1977 is deemed to commer -e shall be, in the case of a single pensioner, $43.50 and, in the case of a mar-Hed pensie.. ier and wife, $72.50."; (b) omitting the table at the end of the section and substituting the following table:- " TABLE First Column Class of Pensioner Second Column Third Column per week per week Single or Widower Married Man Man and Housekeeper Widow Child $56.50 $87.50 $87.50 $53.75 $2.50 $13 $15 $15 $10.25 4. Amendment of s. 10C. Section lOc of the Principal Act is amended by- (a) omitting the expression " of $35 " where it occurs in subsections (1), (2), (3) and (4) and substituting in each case the words " specified in subsection (13) or otherwise determined in the manner prescribed in that subsection, as the case requires,";

36 Coal and Oil Shale, Etc . ( Pensions ) Act Anzdt Act 1977, No. 7 (b) omitting subsection (7) and substituting the following subsection:- " (7) Where the amount of any lump sum benefit payment otherwise payable to any person under subsection (2), (3) or (4) is less than 180 times the rate of lump sum benefit specified in subsection (13) or otherwise determined in the manner prescribed in that subsection, as the case requires, the amount of the lump sum benefit payable under the subsection in question shall be 180 times such rate of lump sum benefit."; (c) inserting after subsection (12) the following subsection:-- " (13) For the purposes of subsections (1), (2), (3), (4) and (7), the rate of lump sum benefit is- (a) in respect of the period -to 30 June 1977, $80; (b) in respect of each successive year thereafter, the rate determined by the Actuary appointed pursuant to section 26 as actuarially feasible in relation to the rates of contribution payable pursuant to section 18 as from the commencement of the pay period next following 1 July in the year in question.". 5. Amendment of s. 18. Section 18 of the Principal Act is amended by- (a) in subsection (1), omitting the first paragraph and substituting the following paragraph:- " The contributions to the Fund and for a reserve in connexion with the Fund shall be paid by the following persons in the proportions specified- (a) the Treasurer-$150000 for the year commencing. 1 July 1976 and for each succeeding year; (b) each mine worker-at the rate per week (with fractions of a cent disregarded) of 2.5 per centum of the weekly award rate specified in the Coal Mining Industry (Miners) Award, Queensland (Southern Division) for a coal-cutting machineman, calculated- (i) in respect of the period to the day immediately before the commencement of the first pay period commencing in July 1977, on such award rate as at 15 December 1976; (ii) in respect of the year commencing on the day of commencement of the first pay period commencing in July 1977 and in respect of each such year thereafter, on such award rate as at 1 July immediately preceding the commencement of the year in question or as at 1 July commencing the year in question whe,e 1 July is the day of commencement of the said first pay period; (c) each owner--in respect of each mine worker employed by him, at the. rate per week of three times the rate per week payable by each mine worker.";

Coal and Oil Shale, Etc. (Pensions) Act Amdt Act 1977, No. 7 37 (b) omitting subsection (5) and substituting the following subsection:-- " (5) Upon application made by a person who, as a mine worker, paid .contributions to the Fund or, where he is dead, made by his legal personal representative, the Tribunal may refund to the applicant the amount of contributions so paid to the Fund by- (a) a female who has,- by reason of her marriage, ceased to be a mine worker; (b) a person (male or female) who has ceased, before or after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1977, employment as a mine worker and who on so ceasing was not or is not entitled to a pension or lump sum benefit payment under this Act and through whom no other person derived or derives an entitlement to a pension or lump sum benefit under this Act: Provided that, in the case of an application with respect to contributions paid by a person referred to in paragraph (b)- (i) contributions paid by a mine worker in respect of employment prior to 18 April 1968 shall not be refunded unless the mine worker was actually employed as a mine worker on 2 November 1970 or within the period of three months immediately preceding 2 November 1970, and unless the mine worker has worked as a mine worker for a period of , or for periods aggregating, two years at least subsequent to 18 April 1968 or a period of, or for periods aggregating , one year at least subsequent to 2 November 1970, whether any such period ceases or periods cease prior to or after the commencement of the Coal and Oil Shale Mine Workers (Pensions ) Act Amendment Act 1977; (ii) contributions paid by a mine worker in respect of employment after 18 April 1968 and prior to the commencement of the Ccal and O<i Shale Mine Workers (Pensions ) Act Amendment Act 1977 shall not be refunded unless the mine worker has worked as a mine worker for a period of, or for periods aggregating , two years at least subsequent to 18 April 1968 or a period of, or for periods aggregating , one year at least subsequent to 2 November 1970, whether any such period ceases or periods cease prior to or after the commencement of that Act.".