Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1967 (NSW)

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COAL AND OIL SHALE MINE WORKERS (SUPER­

ANNUATION) AMENDMENT ACT.

ANNO SEXTO DECIMO

ELIZABETHS II REGIN^E

Act No. 51, 1967.

An Act to increase the rates of pension payable under the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1966; for this and other purposes to amend the said Act; to repeal the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act, 1966; to validate certain matters; and for purposes connected therewith. [Assented to, 30th October, 1967.]

BE

D E it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
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, 1967".

(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, 1941-1967.

(3) This Act shall be deemed to have commenced upon the twenty-third day of September, one thousand nine hundred and sixty-seven.

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

annuation) Act, 1941-1966, is amended—

(a) by omitting from subsection five of section nine the words "of seventy-five cents per week where only the wife is in receipt of or entitled to receive age or invalid pension as aforesaid or one dollar seventy-five cents per week where the mine worker and his wife are in receipt of or entitled to receive age or invalid pension as aforesaid" and by
inserting in lieu thereof the words "per week equivalent to the difference between the maximum

rate per week applicable in the circumstances and fixed by or in accordance with the Social Services Consolidation Act 1947 of the Parliament of the Commonwealth, as amended by subsequent Acts of that Parliament, for age or invalid pension, and the amount per week payable as an addition to a pension pursuant to paragraph (a) of subsection one of this section";

(b)

(b)

by inserting next after section 10B the following new section :—

10c. (1) Notwithstanding any provision of this

Act—

(a) the rate of pension payable pursuant to any such provision to any mine worker, who was in receipt of a pension pursuant to subsection one, subsection (1A), subsection two or subsection three of section six, sub­ section one or subsection (1A) of section seven or subsection one of section eight of this Act on the thirteenth day of October, one thousand nine hundred and sixty-six, or who after that date and before the com­ mencement of the Coal and Oil Shale Mine
Workers (Superannuation) Amendment

Act, 1967, became, or who after such com­ mencement becomes, eligible therefor, shall, as on and from that date or from the date on which he became or becomes so eligible, be fifteen dollars twenty-five cents per week;

(b)
the amount of the addition to a pension payable pursuant to any such provision to a mine worker who was entitled to such addition pursuant to paragraph (a) or paragraph (c) of subsection one of section nine of this Act on the thirteenth day of October, one thousand nine hundred and

sixty-six, or who after that date and before

the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1967, became, or who after such commencement becomes, eligible for such addition, shall, as on and from that date or from the date on which he became or becomes eligible, be thirteen dollars twenty-five cents per week;

(c)

(c)

the rate of pension payable pursuant to any such provision—

(i)  to a widow who on the twentieth day of September, one thousand nine hundred and sixty-six, was entitled to a widow's pension under any legislation of the Common­ wealth relating to social services and to a pension pursuant to section ten or 10A of this Act, or who after that date and before the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amend­ ment Act, 1967, became, or who after such commencement becomes, so entitled, shall as on and from that date or from the date on which she became or becomes so entitled, be fourteen dollars twenty-five cents per week;

(ii)  to any person other than a widow referred to in subparagraph (i) of this paragraph who on the thirteenth day of October, one thousand nine hundred and sixty-six, was entitled to a pension pursuant to section ten or 10A of this Act, or who after that date and before the commence­ ment of the Coal and Oil Shale Mine Workers (Superannuation) Amend­

ment Act, 1967, became, or who
after such commencement becomes, so entitled, shall as on and from that date or from the date on which she became or becomes so entitled, be fourteen dollars twenty-five cents per week.

(2) Nothing in subsection one of this section shall affect anything contained in sections

11A and thirteen of this Act.

(3)

(3) There shall be deducted from any amount payable to any person pursuant to sub­ section one of this section in respect of any period before the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1967, an amount equivalent to that by which any age, invalid or widow's pension payable to that person was increased, or upon application therefor would have been increased, by reason of the enact­ ment of the Social Services Act 1966 of the Parliament of the Commonwealth.

(c) by omitting from subsection one of section thirteen the following paragraph : —

Notwithstanding the foregoing provisions of this subsection, the amount by which any age, invalid or widow's pension has been increased, or upon application therefor would be increased, by reason of the enactment of the Social Services Act 1966 of the Parliament of the Commonwealth shall not be, nor be deemed ever to have been, an amount to be or to have been deductible from the amount payable as a pension under this Act.

(2) The Coal and Oil Shale Mine Workers (Super­ annuation) Further Amendment Act, 1966, is hereby repealed.

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