Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1983 (Qld)

546 (^^tEExt^I^Ikt^ ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 54 of 1983 An Act to amend the Coal and Oil Shale Mine Workers (Pensions ) Act 1941 -1981 in certain particulars [ASSENTED TO 22ND D ECEMBER, 1983]

Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1983, No. 54 547 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 1983. (2) In this Act the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1981 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 1941-1983. 2. Amendment of s. 6A. Lump sum benefit payments to retired mine workers . Section 6A of the Principal Act is amended by- (a) in subsection (1), inserting in the second paragraph, after the expression " subsection (2) " the expression " or paragraph (d) or (e) of subsection (2A) "; (b) in subsection (2), repealing paragraph (f); (c) after subsection (2), inserting the following subsection:- " (2A) Notwithstanding the provisions of subsection (2), this section also applies to every mine worker who retires on or after the 1st day of December 1983 and who satisfies the Tribunal that he has worked as a mine worker in Queensland for- (a) ten years within the period of fifteen years immediately preceding retirement; (b) fifteen years, five of which years occurred in the period of ten years immediately preceding retirement; (c) twenty years, five of which years occurred in the period of fifteen years immediately preceding retirement; (d) twenty-five years, five of which years occurred in the period of twenty years immediately preceding retirement; or (e) thirty years.". 3. Amendment of s. 7. Pensions , lump sums benefit payments, on permanent incapacity . Section 7 of the Principal Act is amended by, in subsection (2) (b), omitting all words from and including the words " for a continuous " to the end of the subsection and substituting the following words:- immediately preceding the cessation of his employment as a mine worker by reason of that incapacity, for a continuous period of- (i) not less than 13 years where his employment so ceased prior to the 1st day of December 1983; or (ii) not less than 10 years where his employment so ceased on or after the 1st day of December 1983.".

548 Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1983, No. 54 4. Amendment of s. 8 . Additional payments . Section 8 of the Principal Act is amended by- (a) omitting the words " eleven dollars seventy-five cents " wherever they occur and substituting in each case the words " the prescribed amount "; (b) adding at the end of the section the following subsection:- " (6) In this section the expression " the prescribed amount " means an amount which the Tribunal shall from time to time determine provided that any amount so determined- (a) has been assessed by the Actuary appointed pursuant to section 26 as actuarially feasible in relation to the moneys held in The Coal Mine Workers' Pensions Fund established under this Act; and (b) is published by notification in the Gazette.". 5. Amendment of s. 9. Pension payable to dependants . Section 9 of the Principal Act is amended by- (a) omitting from subsection (3) the words " eleven dollars seventy-five cents " and substituting the words " the prescribed amount "; (b) adding at the end of the section the following subsection:- " (6) In this section the expression " the prescribed amount " means the amount determined from time to time by the Tribunal pursuant to section 8 (6).". 6. Amendment of s. 10B . Rates of pension . Section 10B of the Principal Act is amended by adding at the end of the section the following subsections :- " (12) Notwithstanding any other provision of this section, the Tribunal may from time to time, by notice published in the Gazette, determine that pensions shall be paid at rates varying from those rates specified in the Table and where such a determination is made, the rates as so varied shall be deemed to be the rates specified in the Table. The Tribunal shall not make a determination under the preceding paragraph unless the Actuary appointed pursuant to section 26 determines that the proposed variations to the rates are actuarially feasible in relation to the moneys held in The Coal Mine Workers' Pensions Fund established under this Act. (13) Where in the opinion of the Tribunal a pensioner would be prejudicially affected were he to receive payment of a pension at a rate specified or deemed to be specified by this Act the Tribunal may determine that a pension shall be payable to that pensioner at a rate from time to time determined by it, which may include a zero rate, whereupon as long as such determination subsists the pensioner shall be entitled to a pension at the rate so determined in relation to him and at no other rate. (14) The Tribunal may revoke or vary a determination made by it under subsection (13).

Coal and Oil Shale Mine Workers ( Pensions ) Act Amendment Act 1983, No. 54 549 In the event of a revocation of a determination the rate of pension payable to the pensioner in relation to whom the revocation is made shall, as from the date of the revocation, be such as if the determination had not been made. In the event of a variation of a determination the rate of pension payable to the pensioner in relation to whom the variation is made shall, as from the date of the variation, be in accordance with the determination as so varied. (15) Within six months after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1983 a pensioner may request that the whole of his pension be converted to a lump sum benefit payment calculated in accordance with this subsection and the Tribunal may authorize payment accordingly. The request referred to in the preceding paragraph shall be- (a) in writing; (b) directed to the Tribunal; and (c) lodged with the registrar. A lump sum benefit payment as mentioned in this subsection shall be calculated by the Tribunal in accordance with a schedule prepared by the Actuary appointed pursuant to section 26, and published in the Gazette. The formula contained in the schedule for the calculation of payments shall be actuarially feasible in relation to the moneys held in The Coal Mine Workers' Pensions Fund established under this Act, at the time of preparation of the schedule. (16) Where a pensioner receives a lump sum benefit payment in accordance with subsection (15)- (a) he shall not thereafter be entitled to receive a pension; (b) upon the death of the pensioner, a person to whom section 9 applies shall not be entitled to a pension in accordance with that section.". 7. Amendment of s. 10C. Rates of lump sum benefit . payments. Section 10c of the Principal Act is amended by- (a) inserting after subsection (4) the following subsection:- " (4A) Where no lump sum benefit payment is payable under subsection (3) or (4), the legal personal representative of the deceased mine worker shall be entitled, for and on behalf of the estate, to a lump sum benefit payment at the rate specified in subsection (13) or otherwise determined in the manner prescribed in that subsection as the case requires, for each complete calendar month of the deceased mine worker's employment as a mine worker in Queensland.";

550 Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1983, No. 54 (b) in subsection (7)- (i) omitting the expression " (3) or (4) " and substituting the expression " (3), (4) or (4A) "; (ii) omitting the expression " 180 " where it twice occurs and substituting the expression " 120 " in each case; (c) in subsection ( 13), omitting the expression " (4) and (7) " and substituting the expression " (4), (4A) and (7) ".