Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1981 (Qld)

1172 OIiEEXt h xth ANNO TRICESIMO ELIZABETHAE SECUNDAE REGIS AE No. 114 of 1981 An Act to amend the Coal and Oil Shale Mine Workers (Pensions ) Act 1941-1978 in certain particulars [ASSENTED TO 16TH DECEMBER, 1981]

Coal and Oil Shale, &c. (Pensions) Act Amdt Act 1981, No. 114 1 173 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 1981. (2) In this Act the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1978 is 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 1941-1981. 2. Amendment of s. 2. Meaning of terms. Section 2 of the Principal Act is amended by, in the definition " Retirement ", omitting the word " sixty " and substituting the expression " 58 ". 3. Amendment of s. 5. Employment after 60 years of age prohibited. Section 5 of the Principal Act is amended by- (a) omitting from the note in and at the commencement of the section the words " 60 years of " and substituting the word " retirement "; (b) in subsection (6), omitting the words " after the date of retirement " and substituting the words " over the retirement age specified in subsection (2) in relation to the class of mine worker to which he belongs "; (c) in subsection (7), omitting the word " sixty " and substituting the expression " 58 "; (d) adding at the end of the section the following subsection:- (8) Nothing in this section prevents any mine worker to whom paragraph (b) of subsection (2) of this section applies from retirinat any time after he attains the age of 58 years and before he attains--the age of 60 years.". 4. Amendment of s. 6A. Lump sum benefit payments to retired mine workers . Section 6A of the Principal Act is amended by omitting subsection (1) and substituting the followin0g subsection:- (1) Any mine worker to whom this section applies shall, upon retirement at or after the retirement age specified in section 5 (2) in relation to the class of mine worker to which he belongs, be entitled to a lump sum benefit payment at the rate prescribed by section 10c. Any mine worker to whom this section applies by reason that he satisfies the Tribunal of the matters specified in paragraph (d) or (e) of subsection (2) shall, upon retirement at or after the age of 58 years, be entitled to a lump sum benefit payment at the rate prescribed by section 10c.".

1174 Coal and Oil Shale, &c. (Pensions) Act Amdt Act 1981, No. 114 5. Amendment of s. JOB. Rates of pension . (1) Section 10B of the Principal Act is amended by omitting the Table at the end of the section and substituting the following Table: TABLE First Column Class of Pensioner Second Column per week Third Column per week Single or Widower Married man Man and Housekeeper Widow Child 579.65 $126.10. $126.10 $76.90 52.50 518.00 $30.00 530.00 518.00 (2) The amendment provided for by subsection (1) shall be deemed to have taken effect on 6 August 1981 and shall be given effect retrospectively. 6. Amendment of s. 18. Contributions . Section 18 of the Principal Act is amended by- (a) in subsection (4), omitting from provision (c) the words " due to illness or accident or "; (b) inserting after subsection (5) the following subsection:- (5A) Where a mine worker, in respect of whose contributions to the Fund there is eligibility under subsection (5) for a refund of those contributions, has ceased employment as a mine worker because of- (a) the provisions of this Act relating to retirement; or (b) being permanently incapacitated for work within the meaning of section 7 (5), the Tribunal shall, if it makes a refund, of contributions, also pay an amount by way of interest calculated at the rate of two per centum for each period of 12 months in the aggregate completed by the mine worker in employment as a mine worker subsequently to 1 July 1981 of the amount of contributions payable by that mine worker since that date. 7. Amendment of s. 19. Pensions to be inalienable . Section 19 of the Principal Act is amended by- (a) omitting from the note in at the commencement of the section the word " Pensions " and substituting the word " Benefits "; (b) in subsection (1), (i) inserting after the word " pension ", where it firstly occurs, the words " or an entitlement to a lump sum benefit payment "; (ii) inserting after the word " pension ", where it occurs in the proviso, the words " or entitlement ";

Coal and Oil Shale, & c. (Pensions) Act Amdt Act 1981, No. 114 1175 (c) in subsection (2), (i) inserting after the word " pension ", where it firstly occurs, the words " or entitlement to a lump sum benefit payment "; (ii) inserting after the word " pension ", where it secondly occurs, the words " or entitlement ". 8. Amendment of currency references . The Principal Act is amended as indicated in the following Table:- TABLE Provision to be Amended Omit I Substitute section 5 (3) .. fifty pounds section 16 (3) fifty pounds section 19 (2) .. .. fifty pounds section 28 (1) .. one hundred pounds section 31 (3) .. ten pounds $100 $100 8100 $200 $20