Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1957 (NSW)

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

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Act No. 18,1957.

An Act to enable certain mine workers whose employment in the coal or oil shale mining industries has terminated to continue to contribute to the Coal and Oil Shale Mine Workers Superannuation Fund ; for this and other purposes to amend the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1956 ; to validate certain matters; and for purposes connected therewith. [Assented

to, 29th April, 1957.] BE

lative Council and Legislative Assembly of New South	BE it enacted b y the Queen's Most Excellent Majesty, b y and with the advice and consent of t he Legis­
Wales in Par l iament assembled, and b y the au thor i ty of the same, as follows:—

1 . (1) This Ac t 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,
1957" .

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

annua t ion) Act , 1941, as amended by subsequent Acts and by this Act, m a y be cited as the Coal and Oil Shale

Mine W o r k e r s (Superannua t ion) Act, 1941-1957.

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

annua t ion) Act, 1941-1956, is amended—

(a)	by inserting next after section 2D the following
new sect ion:—

2E. (1) A reference in th is section to the commencement of this section shall be const rued as a reference to the da te of commencement of the Coal and Oil Shale Mine W o r k e r s (Super ­ annua t ion) Amendment Act, 1957.

(2) As f rom the commencement of this section the definition of " M i n e w o r k e r " in subsection one of section two of this Act shall be extended to include a person—

(a) who has a t any t ime af ter the first day

of Apr i l , one thousand nine hund red

and fifty-four, been cavilled out of or re t renched from his employment as a mine worker in or about a coal or oil shale mine in New South Wales or whose employment as a mine worker in or about a coal or oil shale mine in New South Wales has been t e rmina ted by reason of cavil out, slackness of t r ade or act of God (including fire or

f lood); and

(b)

(b) who is the holder of a permit from the Tr ibuna l for the time being in force author is ing him to be employed in some indust ry , o ther than the coal or oil shale mining indust ry , specified in the permit , and who complies with the t e rms and conditions subject to which such pe rmi t is issued.

(3) The Tr ibunal may issue a permit under this section to an applicant for such a permi t who satisfies the Tr ibuna l tha t—

(a)	he has contributed to the Fund for a per iod of or per iods aggrega t ing not less than five years , and
(b)	he has been a mine worker for a continuous period of not less than ten years immediately preceding the date on winch he was cavilled out of or re t renched from his employment, or his employment was te rmina ted as referred to in p a r a g r a p h (a) of subsection two of this section.

(4) A permi t issued under this section shall specify the period dur ing which it is to remain in force and may be renewed from time to time for a fur ther per iod specified therein.

(5) A. permi t issued under this section shall specify the t e rms and conditions subject to which it is issued and is to remain in force. Such te rms and conditions shall include conditions—

(a) as to the industry and the class of work in tha t indus t ry in which and the place a t which or the person for whom the holder of the permi t is to be employed dur ing the currency of the pe rmi t ;

(b)

(b) requi r ing the payment of a weekly r a t e of contr ibut ion to the F u n d by the holder of the pe rmi t dur ing the cur rency of the permit , and in the case of a holder who was cavilled out of or re t renched from his employment or whose employment was te rmina ted as re fer red to in p a r a g r a p h (a) of subsection two of this section before the commencement of this section requi r ing the payment of an addi t ional amount specified there in by way of contr ibut ion to the Fund . Such weekly r a t e of contr ibut ion shall not exceed the r a t e of contr ibut ion pa id for the t ime being by persons employed in or about a coal or oil shale mine and such addi t ional amount shall be calculated as from the date on which he was cavilled out of or re t renched from employment or his employment termin­ a ted as aforesaid upon such weekly ra te , not exceeding tha t pa id a t the re levant per iod by persons employed in or about a coal or oil shale mine, as the t r ibunal may determine.

(6) The Tr ibuna l may cancel any pe rmi t i ssued under this section if the holder thereof fails to—

(a)	comply with any terms and conditions
specified the re in ;
(b)	accept in accordance with any direction of the Tr ibuna l any available employ­ ment in the coal or oil shale mining indus t r ies for which he is qualified and which in the opinion of the Tr ibuna l is suitable to h i m ; or
(c)	pay his weekly contribution to the F u n d as requi red by the permi t .

(7)

( 7 ) The re t i r ing age of any person who

by v i r tue of this section is a mine worker shall be such age as the Tr ibuna l may determine and specify in the permi t issued to h im:

Prov ided tha t where an age (being la ter than the age of sixty yea rs ) is specified in any such permi t the holder of such permi t may re t i re or be re t i red a t any time after he a t t a ins the age of sixty yea r s and before he a t ta ins the age of sixty-five years , and in any such case a reference in any provision of this Act to the " d a t e of r e t i r e m e n t " shall, notwi ths tanding anyth ing elsewhere contained in this Act, in the applicat ion of tha t provision to and in respect of such person be construed as a reference to the da te upon which he so re t i res or is re t i red .

(8) As from the commencement of this section the provisions of this Act shall, subject to this section, apply to and in respect of persons who are mine workers by vir tue of this sect ion:

P rov ided tha t the provisions of this Act, in thei r appl icat ion to and in respect of any person who is a mine worker by v i r tue of this section, shall be deemed to be modified to the following extent, t ha t is to say—sections five and six of this Act shall have and take effect as if the age	specified in the permi t issued to such person,	or where such person re t i res or is re t i red before
the age so specified, the age at which such person re t i res or is re t i red wore subst i tu ted for the age of sixty yea r s re fer red to therein, and references, express or implied, in this Act, to the commencement of P a r t I I of this Act, shall be construed as references to the commencement of this section, and references in this Act, to the " d a t e of r e t i r e m e n t " shall be construed accordingly.

(9)

(9) F o r the purposes of this Act—

(a)	persons who are mine workers by v i r tue of this section shall bo deemed to be engaged in the coal or oil shale
mining indus t r i e s ; and
(b)	the work of such persons shall be deemed to be work in or about a coal or oil shale mine.
(10)	Notwi ths tanding any th ing contained

in this Act no owner shall be assessed or liable to p a y contr ibut ions unde r section nineteen or

19D of this Act in respect of any person who is

a mine worker by v i r tue of this section.

(b) by inserting next after subsection one of section nine the following new subsect ion:—

(1A) F o r the purposes of subsection one of this section a person in respect of whom a mine worker becomes eligible for an addit ion to his pension under p a r a g r a p h (a) or (c) of tha t subsection shall be deemed to be total ly or main ly dependent on the earn ings of such mine worker where the income of such person from all sources does not exceed five pounds ten shillings pe r week.

(c) ( i ) by omit t ing from section 11A the words "exceeds two pounds ten shillings pe r w e e k " wherever occurr ing and by inser t ing

in lieu thereof the words " d u r i n g a	qua r t e r
exceeds five pounds ten shillings per	w e e k " ;

(ii)   by inserting at the end of the same section the following new subsection:—

(3) In this section " q u a r t e r " means the

per iod f rom—

(a)	the first day of January to the
thir ty-first day of March next

following;

(b)

(b)	the first day of April to the
th i r t i e th day of J a n e next

following;

(c)	the first day of J u l y to the th i r t ie th day of September next following; or
(d)	the first day of October to the thirty-first day of December next following.

(d)	by inserting next after subsection one of section
th i r teen the following new subsect ion:—

(1A) (a) This subsection shall apply to a person who is a mine worker by v i r tue of section 2E of this Act .

(b) Any amount which a person to whom this subsection applies or his dependants h a s or have received, or upon applicat ion is or a re enti t led to receive from any pension payable under any superannua t ion or pension fund or any other like scheme conducted by or on behalf of the person by whom he was employed under any pe rmi t issued under section 2E of this Act shall be deducted from the amount payable to him or them, as the case may be, as a pension under this Act .

(c) W h e r e a pe r son to whom this

subsection applies has received or is enti t led to

receive in respect of and upon the te rmina t ion
of his employment p u r s u a n t to a pe rmi t issued

under section 2E of this Act a lump sum from any prov iden t or superannua t ion fund or any other like scheme conducted by or on behalf of the person by whom he was employed under such pe rmi t he shall not be entit led to a pension unde r this Act unt i l the expira t ion of a per iod ascer ta ined as follows:—

The per iod shall be the per iod du r ing which,
if a pension had been awarded and paid as from

the da te upon which he would, but for this

p a r a g r a p h ,

p a r a g r a p h , have been enti t led there to , the to ta l sum pa id to h im as pension (including any addi t ional amounts in respect of dependants ) would have been equal to such lump sum.

(e)	(i)	by inser t ing in p a r a g r a p h (a) of subsection two of section 19B af ter the words and pa ren theses " ( i f a n y ) " the words " d u r i n g
a q u a r t e r " ;
(ii)	by omi t t ing from the same p a r a g r a p h the
words " t w o pounds ten sh i l l i ngs" and by inse r t ing in lieu thereof the words "f ive
pounds ten s h i l l i n g s " ;
(iii)	by inse r t ing next af ter p a r a g r a p h (e) of the same subsection the following new p a r a g r a p h : —
(f) the amount of any pension payable to any such mine worker and his dependants (if any) unde r a n y superannua t ion or pension fund or any other like scheme conducted by or on behalf of the person by whom he was employed under any pe rmi t issued to such mine worker under section 2E of th is Act.
(iv)	by inserting at the end of the same
subsection the following new p a r a g r a p h : —

I n this section " q u a r t e r " h a s the

meaning ascribed there to in subsection

three of section 11A of this Act.

(v)   by inserting at the end of the same section the following new subsect ion:—

(5) W h e r e a person who is a mine worker by v i r tue of section 2E of this Act has received or is enti t led to receive in respect of and upon the t e rmina t ion of his employment p u r s u a n t to a pe rmi t issued under section 2E of this Act a lump sum from any provident or superannua t ion fund

or

ascertained as follows:—

oi' any other like scheme conducted by or ]
on behalf of the person by whom he was
employed under such permit he shall not be
entitled to subsidy under this Par t of this

The period shall be the period during' which, if subsidy had been paid as from, the date upon which he would, but for this paragraph have been eligible therefor, the total sum paid to him as subsidy would have been equal to such lump sum.

(2) The amendments made by paragraph (c) and by subparagraphs (i), (ii) and (iv) of paragraph (e) of subsection one of this section shall be deemed to have commenced upon the first day of April, one thousand nine hundred and fifty-four.