Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1952 (NSW)

COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) AMENDMENT ACT.

Act No. 52, 1952.

An Act to increase the rates of pensions payable under the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1951; for this and other purposes to amend the said Act in certain respects; to validate certain matters; and for purposes connected there- with. [Assented to, 4th December, 1952.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
"Wales in Parliament assembled, and by the authority of the same, as follows:—
1 . (1) This Act may be cited as the "Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1952".
(2.) The Coal and Oil Shale Mine Workers (Super- annuation) Act, 1941, as amended by subsequent Acts and by this Act, may be cited as the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1952. o

2 .     ( 1 ) The Coal and Oil Shale Mine Workers (Super­

annuation) Act, 1 9 4 1 - 1 9 5 1 , is amended—

(a) by inserting at the end of section six the follow­ ing new subsection:—

( 9 ) (a) The amount of pension per week payable to any mine worker who has, before the second day of October, one thousand nine hundred and fifty-two, been awarded a pension pursuant to subsection one, (1A), two or three of this section, shall as on and from such date and notwithstanding anything contained in this section be four pounds ten shillings.

(b) The amount of pension per week pay­ able to any mine worker who, on or after the second day of October, one thousand nine hundred and fifty-two, becomes eligible for a pension pursuant to subsection one, (1A), two or three of this section, shall as on and from the date of retirement and notwithstanding anything contained in this section be four pounds ten shillings.

(b)	by omitting from subsections one and (1A) of section seven the words " three pounds seventeen shillings and six pence' ' wherever occurring and by inserting in lieu thereof the words " four pounds ten shillings";
(c)	by omitting from subsection one of section eight the words " three pounds seventeen shillings and six pence" and by inserting in lieu thereof
the words "four pounds ten shillings";

(d) (i) by omitting from subsection one of section nine the words " three pounds two shillings and six pence" wherever occurring and by inserting in lieu thereof the words " three pounds fifteen shillings";

(ii)   by omitting from subsections five and (5A) of the same section the words " two pounds fifteen shillings'' wherever occurring and by inserting in lieu thereof the words " three pounds seven shillings and six pence";

(e)

(e) (i) by omitting from subsections one and (1c) of section ten the words " three pounds two shillings and six pence" wherever occurring and by inserting in lieu thereof the words

"four pounds" ;

(ii)   by omitting from subsection (1E) of the same section the words " two pounds fifteen shillings" and by inserting in lieu thereof the words " three pounds seven shillings and six pence";

(f) (i) by omitting from subsection three of section

10A the words " three pounds two shillings

and six pence" and by inserting in lieu thereof the words " three pounds fifteen shillings";

(ii)   by omitting from subsection five of the same section the words " two pounds fifteen shillings" and by inserting in lieu thereof the words " three pounds seven shillings and six pence".

(2) (a) The amendments made by paragraph (b), paragraph (c) and paragraph (d) of subsection one of this section shall be deemed to extend to and from the second day of October, one thousand nine hundred and fifty-two, apply in respect of all mine workers who were immediately before such date in receipt of a pension pursuant to section seven or eight or an addition to a pension pursuant to section nine of the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1951, as well as to mine workers becoming eligible for any such pension

or addition thereto after such date.

(b) The amendments made by subparagraph (i) of paragraph (e) and subparagraph (i) of paragraph (f) of subsection one of this section shall be deemed to •extend to and from the commencement of such amend­ ments, apply in respect of all persons who were immediately before such commencement in receipt of a pension pursuant to section ten or 10A of the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941- 1951, as well as to persons becoming eligible for any such pension after such commencement.

(c)

(c) The amendments made by s u b p a r a g r a p h

(ii) of p a r a g r a p h (e) and subpa rag raph (ii) of p a r a g r a p h

(f) of subsection one of this section shall be deemed t o extend to and from the second day of October, one thousand nine hundred and fifty-two, apply in respect of all persons who were immediate ly before such date in receipt of an addi t ion to a pension p u r s u a n t to section ten or 10A of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion) Act , 1941-1951, as well as to persons becoming eligible for any addit ion to such pension a f te r

such	date .
(3) (a) The amendments m a d e by p a r a g r a p h s
( a ) ,	(b ) , (c) and ( d ) , and s u b p a r a g r a p h (ii) of p a r a ­

g r a p h (e ) , and s u b p a r a g r a p h (ii) of p a r a g r a p h (f) of subsection one of th is section shall be deemed to have commenced on the second day of October, one thousand

nine hundred and fifty-two.

(b) The amendments made by s u b p a r a g r a p h

(i) of p a r a g r a p h (e) and s u b p a r a g r a p h (i) of p a r a g r a p h

(f)

of subsection one of this section shall—

(i)	in the case of a widow who was entitled to a widow's pension under any legislation of t he Commonweal th re la t ing to Social Services on the twenty- th i rd day of September , one thousand nine hund red and fifty-one, be deemed to have commenced upon the said d a y ;
(ii)	in any other case, be deemed to have commenced upon the second day of October, one thousand

nine hundred and fifty-two,

and a reference in p a r a g r a p h (b) of subsection two of

this section to the commencement of such amendments

shall be construed accordingly,

3 . (1) The Coal and Oil Shale Mine W o r k e r s (Super ­

annuat ion) Act, 1941-1951, is fur ther amended—

(a) by omit t ing from p a r a g r a p h (a) of subsection

one of section nine the words " w h e r e such wife is to ta l ly or mainly dependent on his ea rn ings , which amount shall be payable unt i l her dea th

or

or unt i l she ceases to be his w i f e " and by inser t ­ ing in lieu thereof the words " w h o is total ly or main ly dependent on his ea rn ings a t the da te on which he becomes eligible for such pension or who whether mar r i ed to h im a t or a f te r such da te becomes so dependent af ter such date , which amount shall be payable only dur ing any

per iod of d e p e n d e n c y " ;

(b ) by omit t ing from p a r a g r a p h (b) of the same

subsection the words " w h i c h amount shall be payable until such child shall a t t a in the age of sixteen y e a r s " and by inser t ing in lieu thereof the words " a t the date on which he becomes eligible for such pension or who becomes so dependent after such da te , which amount shall be payable only dur ing any per iod of d e p e n d e n c y " ;

(c ) by inser t ing a t the end of the same p a r a g r a p h

the following new s u b p a r a g r a p h : —

(ii)   where no amount is payable under sub­ p a r a g r a p h (i) of this p a r a g r a p h an amount of ten shillings pe r week in respect of one legi t imate child born af ter the date on which he becomes eligible for such pension who is to ta l ly dependent on his earn ings , which amount shall be payable only du r ing any per iod of dependency unt i l such child shall a t t a in the age of sixteen

y e a r s ;

(d) by omitting from the same subsection the words " P a r a g r a p h s ( a ) , (b) and (d) of this subsection shall also apply and be deemed always to have appl ied to a mine worker who has been awarded a pension p u r s u a n t to section six, section seven or section eight of this A c t " ;

( e ) (i) by inser t ing in subsection five of the same
section af ter the words " t h e Tr ibuna l m a y "

the words " w h e r e the wife is in receipt

of

of or enti t led to receive age or invalid pen­ sion unde r the Social Services Consolidation Act 1947-1952 of the P a r l i a m e n t of t he Commonwea l th ' ' ;

(ii)   by omitting from the same subsection the

words " o r p a r a g r a p h ( c ) " ;

(iii)   by inserting at the end of the same subsec­ tion the words " p l u s an amount of seven shillings and six pence per week" .

(2) The amendments made by p a r a g r a p h s ( a ) ,

(b) and (c) of subsection one of this section shall be deemed to have commenced upon the twenty-first day of November, one thousand nine hundred and forty-one.

Noth ing in this subsection shall opera te to—

(a)	entitle any person to any pension in excess of
the r a t e prescr ibed a t the t ime such pension w a s

pa id to h im;

(b) authorise the recovery of any amount of pension which would not have been recoverable had such amendments not been made.

4 . (1) The Coal and Oil Shale Mine Worke r s (Super ­ annuat ion) Act, 1941-1951, is fur ther amended—

(a)	by omitting from subsection one of section
th i r teen the words " o r any S ta te supp lementa ry
allowance payable to a w i d o w " ;

(b) by inser t ing in the same subsection after t h e words " t h i s A c t " where th i rdly occurr ing the

following p a r a g r a p h : —

Any amount which any person in respect of whom a mine worker may be eligible for an addit ion to his pension under section nine of this Act has received, or upon applicat ion is enti t led to receive from any age, invalid or widow ' s pension u n d e r the Social Services Consolidation Act 1947-1952 of the P a r l i a m e n t of the Common­ weal th or any pension payable under the Supe r ­ annua t ion Act, 1916-1952, in respect of a n y

pe r iod

period for which such addi t ion is payable under th is Act shall, in addi t ion to the deduction, if a n y , requi red to be made under the foregoing provis ions of this subsection, be deducted f rom the amount payable to him as a pension under this Act.

(c) by inserting next after subsection one of the same section the following new subsection:—

(2) (a) W h e r e it appea r s to the Reg i s t r a r

t ha t any person re fe r red to in subsection one of this section is enti t led to receive but is not in receipt of any age, invalid or widow's pension unde r the Social Services Consolidation Act 1947-1952 of the P a r l i a m e n t of the Common­ wealth, the Regis t ra r may request tha t person to make applicat ion for such a pension.

(b) W h e r e such person does not make the

appl icat ion re fe r red to in p a r a g r a p h (a) of this subsection within fourteen days af ter request by the R e g i s t r a r so to do, or having made , upon the request of the Reg i s t ra r or otherwise, an appl icat ion for such a pension which in the opinion of the Tr ibuna l has been rejected on the g r o u n d s of mis represen ta t ion made or false informat ion furnished thereupon, the Tr ibuna l m a y reduce the pension payable to such person b y such amount as the Tr ibuna l es t imates such	person would, bu t for such misrepresenta t ion or
false information, be enti t led to receive from
age, inval id or widow's pension under the said Act .
Any such reduct ion shall be made as from such date as the Tr ibuna l may determine . Such da te shall be not ear l ier than the da te of such appl ica t ion or, where the person has been reques ted by the Reg i s t ra r to make an applica­ t ion and has failed to do so, the da te of t he mak ing of such request .

(2)

(2) A n y action of the Tr ibuna l which would have been valid had the amendment of section th i r teen made by p a r a g r a p h (b) of subsection one of th i s section been in force a t the t ime of such action is hereby val idated.

5 . The Coal and Oil Shale Mine W o r k e r s	(Super ­
annua t ion) Act, 1941-1951, is fur ther	amended—

(a)	by inserting at the end of subsection three of
section 19D the following new p a r a g r a p h : —

In this subsection " o w n e r s " shall not , as on and from the first day of J a n u a r y , one thousand nine hundred and fifty-three, include any manu­ fac turers of coke or the South Mai t land Ra i lways

P r o p r i e t a r y Limi ted .
(b)	by omitting from subsection three of section
th i r ty- two the words " t e n p o u n d s " and by
inser t ing in lieu thereof the words "f i f ty

p o u n d s " .

(1) The es t imate made by the Pens ions Tr ibuna l const i tuted under the Coal and Oil Shale Mine W o r k e r s

6 .

(Superannua t ion ) Act, 1941-1951, in accordance wi th section nineteen of t ha t Act, of the amount required by the Coal and Oil Shale Mine W o r k e r s Superannuat ion F u n d for the per iod of twelve months commencing on the first day of Ju ly , one thousand nine hundred and fifty- two, shall be deemed to be var ied to the extent necessary to include the amount required for paymen t of pens ions increased or other sums payable out of such F u n d by v i r tue of the opera t ion of this Act, and the est imate a s

Mine Worke r s (Supe rannua t ion ) Act, 1941-1952, be	so var ied shall for all purposes of the Coal and Oil Shale
deemed to be the es t imate of the amount requi red by such F u n d for the aforesaid per iod of twelve months for payment of pensions and other sums chargeable upon o r payable out of t ha t F u n d and for the provis ion of a
rese rve in connection with t ha t F u n d .
(2) The es t imate made by the Pensions Tr ibunal const i tuted under the Coal and Oil Shale Mine W o r k e r s
(Supe rannua t ion ) Act, 1941-1951, in accordance wi th section 19D of t ha t Act, of the amount required by the

Coal

Coal and Oil Shale Mine Workers Compensation Subsidy ] Fund for tke period of twelve months commencing on the first day of July, one thousand nine hundred and fifty-two, shall be deemed to be varied to the extent neces- sary to include the amount required for payment of subsidy increased or other sums payable out of such Fund by virtue of the operation of this Act, and the estimate as so varied shall for all purposes of the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1952, be deemed to be the estimate of the amount required by such Fund for the aforesaid period of twelve months for payment of subsidy and other sums charge- able upon or payable out of that Fund and for the provision of a reserve in connection with that Fund.