Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1954 (NSW)

COAL AND OIL SHALE MINE WORKERS' SUPER­

ANNUATION) AMENDMENT ACT.

Act No. 23, 1954.

An Act to increase the rates of pensions payable under the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1952; for this and other purposes to amend the said Act in certain respects; to validate certain matters; and for purposes connected therewith. [Assented to, 29th April, 1954.]

lative Council and Legislative Assembly of New South	BE it enacted b y the Queen's Most Excellent Majesty, b y and with t he advice and consent of the Legis­
Wales in Par l iament assembled, and b y the au thor i ty of the same, as follows :—
1. (1) This Act m a y be cited as the " C o a l and Oil Shale Mine W o r k e r s (Supe rannua t ion ) Amendment Act,
1954. "

(2) The Coal and Oil Shale Mine W o r k e r s (Super ­

annuat ion) Act, 1941, as amended by subsequent Acts and by this Act, may be cited as the Coal and Oil Shale

Mine W o r k e r s (Supe rannua t ion ) Act, 1941-1954.

2 . The Coal and Oil Shale Mine W o r k e r s annuat ion) Act, 1941-1952, is amended— (Super ­

(a)	by omitting from the proviso to the definition
of " M i n e w o r k e r " in subsection one of section
(a)	by inserting at the end of section six the following new subsection:—
(10) (a) The amount of pension pe r week payable to any mine worker who has , before the twenty-ninth day of October, one thousand nine hundred

two the words "subsec t ion four of this s ec t i on" and by inser t ing in lieu thereof the words

" sec t ions 2A, 2B, 2C and 2D of th is A c t " ;

(b) by omit t ing subsection four of the same section.

(1) The Coal and Oil Shale Mine W o r k e r s annua t ion) Act, 1941-1952, is fur ther amended— (Super ­

3 .

hundred and fifty-three, been awarded a pension p u r s u a n t to subsection one, (1A), two or th ree of this section, shall as on and from such date and notwi ths tanding any th ing contained in this section be four pounds twelve shillings and sixpence.

(b) The amount of pension p e r week payable to any mine worker who, on or af ter the twenty-ninth day of October, one thousand nine hundred and fifty-three, becomes eligible for a pension p u r s u a n t to subsection one, (1A) , two or th ree of this section, shall as on and f rom the da te of re t i rement and notwi ths tanding any th ing contained in this section be four pounds twelve shillings and sixpence.

(b)	by omitting from subsections one and (1A) of section seven the words " f o u r pounds ten sh i l l i ngs" wherever occurr ing and by inser t ing in lieu thereof the words " f o u r pounds twelve
shillings and s i x p e n c e " ;
(c)	by omitting from subsection one of section eight
the words " f o u r pounds ten sh i l l i ngs" and by
inser t ing in lieu thereof the words " f o u r pounds
twelve shillings and s i x p e n c e " ;

(d) (i) by omit t ing from subsection one of section

nine the words " t h r e e pounds fifteen

sh i l l i ngs" wherever occurr ing and by

inser t ing in lieu thereof the words " t h r e e

pounds seventeen shillings and s i x p e n c e " ;

(ii) by omitting from subsections five and (5A)

of the same section the words " t h r e e

pounds seven shillings and s i xpence" wherever occurr ing and by inser t ing in lieu thereof the words " t h r e e pounds ten sh i l l i ngs " ;

(e) (i) by omit t ing from subsections one and (1c) of section ten the words " f o u r p o u n d s " wherever occurr ing and by inser t ing in lien thereof the words " f o u r pounds two

shillings and s i x p e n c e " ;

(ii)

(ii)   by omitting from subsection (1E) of the

same section the words " t h r e e pounds

seven shillings and s i xpence" and by

inser t ing in lieu thereof the words " t h r e e

pounds ten s h i l l i n g s " ;

(f) (i) by omit t ing f rom subsection three of section

10A the words " t h r e e pounds fifteen

sh i l l i ngs" and by inser t ing in lieu thereof the words " f o u r pounds two shillings and s i x p e n c e " ;

(ii)   by omitting from subsection five of the same section the words " t h r e e pounds seven shillings and s ixpence" and by inser t ing in lieu thereof the words " t h r e e

pounds ten sh i l l ings" .

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

p a r a g r a p h (c) and p a r a g r a p h (d) of subsection one of this section shall be deemed to extend to and from the twenty-ninth day of October, one thousand nine hundred and fifty-three, apply in respect of all mine workers who were immediate ly before such date in receipt of a pension p u r s u a n t to section seven or eight or an addi t ion to a pension p u r s u a n t to section nine of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion) Act, 1941-1952, as well as to mine workers becoming eligible for any such pension or addi t ion there to af ter such date .

(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 be deemed to

ments , apply in respect of all persons who were immedi­	extend to and from the commencement of such amend­
ately before such commencement in receipt of 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, 1941-1952, as well as to persons becoming eligible for any such pension af te r such commencement.

(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 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 this section shall be deemed to extend to and from the twenty-ninth day of

October,

October, one thousand nine hundred and fifty-three, apply in respect of all persons who were immediately before such date in receipt of an addi t ion to a pension pu r suan t to section ten or 10A of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion) Act, 1941-1952, as well as to persons becoming eligible for any addi t ion to such pension af ter such date.

(3) (a) The amendments made 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 subpa rag raph (ii) of p a r a g r a p h (f) of sub­ section one of this section shall be deemed to have com­ menced on the twenty-ninth day of October, one thousand nine hundred and fifty-three.

(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 the Commonwealth re la t ing to Social Services on the twent ie th day of October, one thousand nine hundred and fifty-three, be deemed to have commenced upon the said d a y ;

(ii)   in any other case, be deemed to have commenced upon the twenty-ninth day of October, one thousand nine hundred and fifty-three,

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.

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

annuat ion) Act, 1941-1952, is fur ther amended—

(a) (i) by inser t ing in subsection five of section nine af ter the words " s i x t e e n y e a r s " where secondly occurr ing the words " o r t ha t his wife is pe rmanen t ly incapable of per form­ ing her domestic duties and tha t by reason thereof he employs a female over the age of sixteen yea r s (whether or not such female is a member of the mine w o r k e r ' s

family)

family) to per form the domestic dut ies of his household which his wife would but for such incapaci ty have been capable of pe r fo rming ;

(ii)   by omitting from the same subsection the words " a n amount o f" and by inser t ing in lieu thereof the words " s u c h amount a s the Tr ibuna l may de termine not exceed­ i n g " ;

(iii)   by inserting at the end of the same sub­

section the following new p a r a g r a p h : —

The addit ion to a pension under th is subsection whether awarded before or af ter the commencement of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion ) Amendment Act, 1954, m a y from t ime to t ime be reduced, increased or revoked by the Tr ibunal , on the recommendat ion of the Regis t ra r or the Chai rman, in any circumstances it deems des i rab le : P rov ided tha t no such increase shall opera te so as to increase the amount of any such addi t ion beyond th ree pounds ten shillings

pe r week.

(iv)   by inserting in subsection (5A) of the same

section af ter the word " i n v a l i d " the words

" o r is th rough pe rmanen t sickness or

disabil i ty unable to care for h imse l f " ;

(v) by omit t ing from the same subsection the

(vi) by omit t ing from the same subsection the word " r e l a t i v e " ;	words " a n amount o f" and by inser t ing in
lieu thereof the words " s u c h amount a s the Tr ibuna l may determine not ex­ c e e d i n g " ;
(vii)	by inserting at the end of the same suit-
section the following new p a r a g r a p h : —
The addi t ion to a pension under th i s subsection whether awarded before or a f te r the commencement of the Coal and Oil Shale Mine Worke r s (Superannua t ion)

Amendment

Amendment Act, 1954, may from t ime to t ime be reduced, increased or revoked by the Tr ibunal , on the recommendat ion of the Reg i s t r a r or the Chai rman, in any circum­ stances it deems des i rab le : P rov ided tha t no such increase shall opera te so as to increase the amount of any such addit ion beyond three pounds ten shillings pe r week.

(b) (i) by omit t ing f rom subsection (1E) of section ten the words " a n amount of" and by inser t ing in lieu thereof the words " s u c h amount as the Tr ibuna l may determine not exceed ing" ;

(ii)   by inserting at the end of the same sub­

section the following new p a r a g r a p h : —

The addi t ion to a pension unde r th is subsection whether awarded before or a f te r the commencement of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion ) Amendment Act, 1954, may from t ime to t ime be reduced, increased or revoked by the Tr ibunal , on the recommendat ion of the R e g i s t r a r or the Chai rman, in any circumstances it deems des i rab le : P rov ided tha t no such increase shall opera te so as to increase the amount of any such addi t ion beyond three pounds ten shillings pe r week.

(c) ( i) by omit t ing from subsection five of section

10A the words " a n amount of" and by

inser t ing in lieu thereof the words " s u c h

amount as the Tr ibuna l may de termine not

e x c e e d i n g " ;

(ii)   by inserting at the end of the same sub­

section the following new p a r a g r a p h : —

The addi t ion to a pension under this sub­ section whether awarded before or af ter the commencement of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion ) Amendment Act, 1954, m a y from t ime to t ime be reduced, increased or revoked by the Tr ibunal , on the recommendat ion of

the

the Reg i s t ra r or the Chai rman, in any circumstances i t deems des i rab le : P rov ided t h a t no such increase shall opera te so as to increase the amount of any such addi t ion beyond th ree pounds ten shillings pe r week.

(d) (i) by omit t ing from subsection one of section th i r t een the figures "1947-1948" and by inser t ing in lieu thereof the figures "1947- 1 9 5 3 " ;

(ii)   by omitting from the same subsection the figures "1947-1952" and by inse r t ing in lieu thereof the figures "1947-1953" ;

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

section two of the same section the figures

"1947-1952" a n d by inse r t ing in lieu

thereof the figures "1947-1953" ;

(iv)    by inser t ing a t the end of the same section the following new subsect ion:—

(3) I n th is section—

" S o c i a l Services Consolidation Act

1947-1953 of the P a r l i a m e n t of the

C o m m o n w e a l t h " includes any agreement re fe r red to in section one hundred and th i r ty-seven of

tha t Act.

(e) ( i) by omit t ing subsections one and (1A) of section 19B and by inse r t ing in lieu thereof the following subsect ion:—

(1) The amount of subsidy pe r week pay­

able to any mine worker eligible for a

subsidy in pursuance of section 19A of th is Act shall, subject to any deductions requi red to be made as here inaf ter provided, be—

(a) the maximum amount per week which would be payable by way of com­ pensat ion in accordance with the p ro ­ visions of the W o r k e r s ' Compensa­ t ion Act, 1926, or any amendment

thereof, to or in respect of such mine

worker h a d such mine worker been

awarded

awarded compensat ion for to ta l in­ capaci ty due to the inhala t ion of

dus t ; or

(b)	an amount equivalent to the pension and addi t ions there to which such mine worker would be enti t led to receive pe r week under section six, seven, eight or nine of this Act had such mine worker been eligible therefor ,
whichever is the	g rea te r .

(ii) by omit t ing from p a r a g r a p h (b) of sub­

section two of the same section the	figures
" 1 9 4 7 " and by inser t ing in lieu thereof	the
figures	"1947-1953" ;

(iii)   by omitting from the same subsection the words " P r o v i d e d tha t p a r a g r a p h (e) of th is subsection shall apply only in the case of any subsidy payable to a mine worker who is under the age of sixty y e a r s " and by inser t ing in lieu thereof the w o r d s : " P r o ­ vided tha t in the case of a mine worker who is of or over the age of sixty yea r s p a r a g r a p h (e) of this subsection shall no t opera te so as to reduce the subsidy pay­ able to him to an amount less than t h a t to which he would have been entit led unde r p a r a g r a p h (b) of subsection one of th is

section had such p a r a g r a p h been applic­

able to h i m " .

(iv)   by inserting at the end of the same sub­

section the following new p a r a g r a p h : —

I n this subsection—

" S o c i a l Services Consolidation Act

1947-1953 of the P a r l i a m e n t of the

Commonwea l th" includes any agreement re fe r red to in section one hundred and thir ty-seven of

tha t Act.

(2)

(2) The amendments made by subpa rag raphs (i) and (iii) of p a r a g r a p h (e) of subsection one of th i s section shall be deemed to have commenced upon the first day of November, one thousand nine hundred and fifty- one.

5. (1) The Coal and Oil Shale Mine Worke r s (Super ­ annuat ion) Amendment Act, 1952, is amended by omit­ t ing from s u b p a r a g r a p h (i) of p a r a g r a p h (b) of sub­ section three of section two the words " o n e thousand nine hundred and f if ty-one" and by inser t ing in lieu thereof the words " o n e thousand nine hundred and fifty-two".

(2) Subsection one of this section shall be deemed

to have commenced upon the four th day of December,

one thousand nine hundred and fifty-two.

(1) The es t imate made by the Superannua t ion Tr i ­ bunal const i tuted under the Coal and Oil Shale Mine Workers (Superannua t ion ) Act, 1941-1952, in accordance with section nineteen of t ha t Act, of the amount required by the Coal and Oil Shale Mine Worke r s Superannua t 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-three, shall be deemed to be va r ied to the extent necessary to include the amount requi red for paymen t of pensions 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 es t imate as so var ied shall for all purposes of the Coal and Oil Shale Mine W o r k e r s (Supe rannua t ion ) Act, 1941-1954, be deemed to be the es t imate of the amount

6.

requi red by such F u n d for the aforesaid per iod of twelve
months for paymen t of pensions a n d other sums charge­

able upon or payable out of tha t F u n d and for the

provision of a reserve in connection wi th tha t Fund .

(2) The es t imate made by the Superannua t ion Tr i ­

bunal const i tuted unde r the Coal and Oil Shale Mine W o r k e r s (Superannua t ion ) Act, 1941-1952, in accordance with section 19D of tha t Act, of the amount requi red by the Coal and Oil Shale Mine W o r k e r s Compensat ion Subsidy Fund for the period of twelve months commencing on the first day of Ju ly , one thousand nine hund red and

fifty-three,

fifty-three, shall be deemed to be varied to the extent necessary 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 Workers ' Compensation (Amendment) Act, 1953, and the estimate as so varied shall for all purposes of the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1954, 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 chargeable upon or payable out of that Fund and for the provision of a reserve in connection with that Fund.