Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1978 (NSW)
COAL AND OIL SHALE MINE WORKERS (SUPER ANNUATION) AMENDMENT ACT, 1978, No. 28
ANNO VICESIMO SEPTIMO
ELIZABETHE II REGINE
Act No. 28, 1978.
An Act to amend the Coal and Oil Shale Mine Workers (Super annuation) Act, 1941, with respect to the entitlement of mine workers and other persons to benefits under the Act, and in other respects. [Assented to, 22nd March, 1978.]
BE 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. This Act may be cited as the "Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1978".
2. (1) This section, section 1 and Schedule 2 (1) and (2) shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1) , this Act shall commence on 26th March, 1978.
3. The Coal and Oil Shale Mine Workers (Superannuation)
Act, 1941, is referred to in this Act as the Principal Act.
This Act contains the following Schedules :—
SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT. SCHEDULE 2.—SAVINGS AND TRANSITIONAL PROVISIONS.
| 5. The Principal Act is amended in the manner set forth in |
Schedule 1.
6. Schedule 2 has effect.
SCHEDULE 1.
AMENDMENTS TO THE PRINCIPAL ACT.
( 1 ) Long title—
Omit "pensions", insert instead "benefits".
(2) (a) Section 1 (2 )—
Omit the matter relating to Part I I , insert instead :—
PART II.—COMPULSORY RETIREMENT, AND
BENEFITS—ss. 5 - 1 4 G .
DIVISION 1.—Compulsory Retirement—ss. 5 , 5A.
DIVISION 2.—Pension Benefits—ss. 5 B - 1 4 . DIVISION 3.—Lump Sum Benefits—ss. 14A-14H.
(b) Section 1 (2 )—
From the matter relating to Part I V B , omit "19K" ,
insert instead " 1 9 M " .
(c) Section 1 (2 )—
After "SCHEDULE", insert " 1 " .
(3) (a) Section 2 ( 1 ) , definition of "Authorised period"— Before the definition of "Conciliation and Arbitration
Act", insert :—"Authorised period", in relation to a person, means a period declared by the Tribunal under section 3A to be, with respect to that person, an authorised period for the purpose of this Act.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) Section 2 ( 1 ) , definition of "Reference Rate"—
After the definition of "Prescribed", insert:—"Reference Rate", as at any particular time, means such rate as the Minister declares in an order under subsection (5) in force as at that time to be the specified rate for the purposes of this definition.
(c) Section 2 (5) , (6 )—
At the end of section 2, insert:—
(5) Where there is a variation in the weekly rate of wage prescribed for the classification of loaderman in an industrial award applying to the coal mining industry in New South Wales, the Minister, on the recommendation of the Tribunal—
(a)
shall, in and by an order published in the Gazette as soon as practicable after the variation is made—
(i) subject to subparagraph (ii)—
specify that rate as so varied and declare it to be the specified rate for the purposes of the definition of "Reference Rate" in subsection (1); or (ii) where there are 2 or more such rates so prescribed—specify one of those rates as so varied and declare it to be the specified rate for the purposes of that definition; and
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) shall, in the order, specify the date as from which the order takes effect, being the date as from which the specified rate became or becomes payable as wages to loadermen or any class of loadermen,
and any previous order made under this subsection shall not be in force in respect of any period commencing on or after the date so specified.
(6) A reference in this Act to a pension—
(a) at the single man's rate is a reference to a pension payable at a rate specified in
Schedule 1 (1 ) ; or (b) at the married man's rate is a reference to a pension payable at a rate specified in
Schedule 1 (2) .
(4) Section 2E (11)—
After section 2 (10), insert :—
(11) No permits issued under this section shall be in
force in respect of any period after 25th March, 1978.
(5) Section 3 A —
After section 3, insert :— 3A. (1) Where the Tribunal is satisfied that—
(a) a mine worker has not been engaged in the coal or oil shale mining industries for a period after 25th March, 1978, because his engagement in the industries has been terminated by reason of retrenchment or cavil out or act of God (includ ing fire or flood) or by reason of his ill health;
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) he did not become eligible for a lump sum benefit payment under this Act by virtue of that ter
mination; and(c) either—
(i) he became engaged in the industries at
the earliest reasonable opportunity after
that termination; or(ii) no such opportunity arose before the
date of retirement,
the Tribunal may declare that period to be, with respect to that mine worker, an authorised period for the purposes of this Act.
(2) The Tribunal may refuse to make a declara tion under subsection (1) if for any reason the Tribunal thinks it proper to do so or if—
(a) the mine worker, as soon as reasonably practic able after the termination of his engagement in the coal or oil shale mining industries, did not notify the Tribunal of that termination; and
(b) he did not satisfy the Tribunal, as required from time to time by the Tribunal, that he has taken reasonable steps to secure further employment in the industries.
(3) A declaration may be made under subsection (1) subject to such terms and conditions as the Tribunal thinks proper and, if any such term or condition is not complied with, the Tribunal may revoke the declaration either wholly or with respect to any period.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(4) Where a period is, with respect to a mine worker, an authorised period, he shall, for the purposes of this Act (Division 3 of Part II excepted), be deemed to have been during that period—
(a) engaged in the coal or oil shale mining industries; and (b) engaged in work in or about a coal or oil shale mine.
(5) For the purposes of this section, an apprentice whose employment as a mine worker is terminated on com pletion of his apprenticeship shall be deemed to have been retrenched.
(6) (a) Section 4 ( 1 ) (a) —
Omit "pensions", insert instead "benefits". (b) Section 4 (2) ( c )—
Omit "pension awarded", insert instead "benefit payable".
(c) Section 4 (2) (e)— Omit "pension", insert instead "benefit".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(7) Part I I , headings—
Omit the headings, insert instead :—
PART I I .
COMPULSORY RETIREMENT, AND BENEFITS.
DIVISION 1.—Compulsory Retirement.
| (8) | Section 5A— |
After section 5, insert:—
5A. Where, but for this section, the retiring age of a mine worker would be the age of sixty years, his retiring age shall be the age of sixty-five years, if he is a mine worker of a class prescribed for the purposes of this section :
Provided that any mine worker to whom this section applies may retire or be retired at any time after he attains the age of sixty years and before he attains the age of sixty-five years :
Provided further that the provisions of this Act, in their application to and in respect of such a mine worker, shall be deemed to be modified to the following extent, that is to say—sections 5 and 6 shall have and take effect as if the age of sixty-five years or, where he retires or is retired before the age of sixty-five years, the age at which he retires or is retired were substituted for the age of sixty years referred to therein, and references in this Act to the "date of retirement" shall be construed accordingly.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(9) Part II, Division 2, heading—
After section 5A, insert:—
DIVISION 2.—Pension Benefits.
(10) Section 5B—
Before section 6, insert:—
5B. Notwithstanding anything in this Act, where, but for this section, a person would be entitled to a pension under this Act, he shall not be eligible for it unless—
(a) in the case of a pension under section 6— (i) he became eligible for the pension before
26th March, 1978; or
(ii) he is entitled to no benefit under section
14A;
(b) in the case of a pension under section 7—he is entitled to no benefit under section 14E and his incapacity referred to in section 7 arose before 26th March, 1978;
(c) in the case of a pension under section 8— (i) the date of retirement of the person is
before 26th March, 1978; or
(ii) he is entitled to no benefit under section 14E and the Tribunal is of the opinion
that the pension should be awarded to him on account of an incapacity which arose before 26th March, 1978; or
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) in the case of a pension under section 10 or 10A —
(i) the death of the person in consequence of which the pension is payable occurred before 26th March, 1978; or
(ii) the death of the pensioner in consequence of which the pension is payable occurred on or after 26th March, 1978.
(11) (a) Section 6B (1 )—
Omit "this section", insert instead "section 6A".
(b) Section 6B (2) , (3 )—
Omit the subsections.(c) Section 6B (5 )—
Omit the subsection.
| (12) Section 6c (2) (c )— |
Omit "a permit" where firstly occurring, insert instead "if his employment was so terminated before 26th March, 1978 —a permit".
(13) Section 8 (1 )—
After "Part" where firstly occurring, insert "(other than section 5B)".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
( 1 4 ) Section 8A— After section 8, insert:—
8A. (1) A person who is in receipt of, or eligible to receive, a pension under section 6, 7 or 8 is entitled to receive that pension at the married man's rate—
(a) if he is a married man; or (b) if he is not so entitled by virtue of paragraph (a) , and if one female is dependent on his earnings,
and if she—(i) is an adult and is caring for any child or
step-child of the mine worker under the
age of 16 years; or(ii) is a member of the mine worker's family
and is over the age of 16 years,
but only until her death or marriage or until she
ceases to be such a dependant.
(2) For the purposes of this section, a person is dependent on a mine worker during any period only if the Tribunal is satisfied that the person was totally or mainly dependent for financial support on the mine worker during
that period. (15) (a) Section 9 (1 )—
Omit "section 6B,".
(b) Section 9 ( 1 ) ( a )—
Omit the paragraph.SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c) Section 9 (1) (b )—
Omit "who is or becomes totally dependent on his earnings".
(d) Section 9 (1) (c)—
Omit the paragraph.
(e) Section 9 (1A), ( I B ) —
Omit the subsections.(f) Section 9 (5 )—
Omit "section 6B,".
(g) Section 9 ( 5 ) — After "section 8,", insert "and whose pension is payable to him at the married man's rate specified in Column 5 of Schedule 1 (2),".
(h) Section 9 (5 )—
Omit ", where the wife is in receipt of or entitled to receive age or invalid pension under the Social Services Act, in lieu of the amount referred to in paragraph
(a) of subsection (1),".
(i) Section 9 (5 )—
Omit "plus an amount per week equal to the amount (if any) by which the amount per week payable as an addition to a pension pursuant to paragraph (a) of subsection (1) exceeds the maximum rate per week applicable in the circumstances and fixed by or in accordance with the Social Services Act for age or invalid pension".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(j) Section 9 ( 5 A ) — Omit "section 6B,".
(k) Section 9 ( 5 A ) — Omit "who is not eligible for an addition to his pension pursuant to paragraph (a) or (c) of subsection (1) or pursuant to subsection (5)" , insert instead "whose pension is payable to him at the single man's rate specified in Column 5 of Schedule 1 (1)" .
(1) Section 9 (6 )—
Omit "section 6B,".
(16) (a) Section 10 (1) ( a )—
Omit "section 6B,".
(b) Section 10 (1 )—
Omit "an addition to his pension under paragraph (c) of subsection (1) of section 9", insert instead "his pension at the married man's rate".
(17) (a) Section 10A (1) (b) ( i )— Omit "section 6B,". (b) Section 10A ( 1 ) —
After "section 9" where secondly occurring, insert "of this Act as in force at any time before 26th March, 1978,".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c) Section 10A ( 1 A ) — After section 10A ( 1 ) , insert:—
(1A) For the purposes of section 8A, where the
Tribunal is satisfied that at the date upon which a mine worker is awarded a pension under this Act any female was recognised as his wife although not legally married to him, she shall, if the Tribunal so approves, be deemed to be his wife.
(d) Section 10A ( 6 ) —
After section 10A ( 5 ) , insert:—
(6) For the purposes of this Division and notwith standing anything contained therein, the Tribunal shall, as far as practicable, treat a couple, whether married or not, in such a way as, in the opinion of the Tribunal, is consistent with the way they are treated for the purposes of the Social Services Act or any other prescribed law of the Commonwealth.
| ( 1 8 ) Section | 10EA— |
Omit the section, insert instead :—
10EA. ( l ) For the purposes of any provision of this Act in which there is a reference to the appropriate amount per week payable as a pension or addition to a pension, the appropriate amount per week payable to or in respect of a person who is described in Column 3 of Schedule l shall—
(a) in the case of a person who is in receipt of, or eligible to receive, the pension or addition referred to in any such description on 26th March, 1978—be, as from that date; or
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) in the case of a person who becomes eligible therefor after that date—be, as from the date on
which he becomes so eligible,
as follows :—
(c) until—
(i) except in the case of a person referred to in subparagraph (ii) or (iii)—the day immediately preceding the first mine workers' pension pay period occurring after the expiration of the period of 5 years commencing on the date on which the pension concerned became payable;
(ii) in the case of a person who is in receipt
of a pension under section 7 or 8 and who has not at the first mine workers' pension pay period occurring after the expiration of the period of 5 years referred to in subparagraph (i) attained the age of 60 years—the day immediately preceding the first mine workers' pension pay period occurring after the day on
which he attains that age; or (iii) in the case of a person who is in receipt
of a pension at the Special Rate of Pension referred to in the Second Schedule to the Repatriation Act 1920 of the Parliament of the Commonwealth as amended by subsequent Acts of that Parliament, or of any other prescribed class of pension under a law of the Commonwealth, and who has not
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
attained the age of 65 years—the day immediately preceding the first mine workers' pension pay period after the day on which he attains that age,
the amount specified in Column 4 of Schedule 1
opposite the relevant description; and
(d) thereafter, the rate specified in Column 5 of that Schedule opposite that description.
(2) For the purposes of determining any period of 5 years referred to in subsection (1) (c), periods before 26th March, 1978, as well as periods after 25th March, 1978, shall be taken into account.
(3) Where, but for this subsection, a pension would be payable at 26th March, 1978, to a person at the rate specified in Column 5 of Schedule 1 (1) , (2) or (3) and the amount of the pension would be less than the amount that would be payable as a pension (together with any addition under section 9 (1) (a) or (c)) had the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1978, not been enacted, then subsection (1) (c) shall be construed as if it provided for 23rd
September, 1978, to be the day until which the relevant amount specified in Column 4 of Schedule 1 is payable.
(4) Where, but for this subsection, the period of
5 years referred to in subsection (1) (c) applicable to a person expires after 26th March, 1978, but before 24th September, 1978, subsection (1) (c) shall be construed as if it provided for 23rd September, 1978, to be the day
until which the relevant amount specified in Column 4 of
Schedule 1 is payable.
59941E-7
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(5) Notwithstanding subsections (1) , (3) and (4) , where, but for this subsection, a pension would be payable at 23rd September, 1978, to a person referred to in subsection (1) (c) (ii) at the rate specified in Column 5 of Schedule 1 (1) or (2) and the person was, in the opinion of the Tribunal, not at that date eligible for a pension under any law of the Commonwealth, then sub section (1) (c) shall, if the Tribunal in its discretion so directs, be construed as if it provided for the day immedi ately preceding the first mine workers' pension pay period occurring after—
(a) the day on which he attains the age of 65 years; or
(b) the day as from which, in the opinion of the Tribunal, he became eligible for a pension under any law of the Commonwealth,
whichever first occurs, to be the day until which the relevant
amount specified in Column 4 of Schedule 1 is payable.
(6) For the purposes of this section, a person in
receipt of, or eligible to receive, a pension under section 6,7 or 8 for any period before 26th March, 1978, shall—
(a) be deemed to have been in receipt of the pension at the single man's rate for any part thereof during which he did not receive, or was not eligible for, an addition under section 9 (1) (a) or (c) of this Act as in force at any time before that date; and (b) be deemed to have been in receipt of the pension at the married man's rate for any part thereof during which he received, or was eligible for, such an addition. SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
( 7 ) For the purposes of determining any period
of 5 years referred to in subsection ( 1 ) (c )—
(a) any period during which a person received a pension at the single man's rate shall be deemed also to be a period during which he received a pension at the married man's rate;
(b) any period during which a person received a pension at the married man's rate shall be deemed also to be a period during which he received a pension at the single man's rate; and
(c) any period during which a person received a pension at the married man's rate shall be deemed also to be a period during which his widow, or a female treated under this Act as his wife, received a pension.
( 8 ) Nothing in this section affects anything
contained in section 11A.
1 9 ) (a) Section 10F ( l ) - ( 3 ) —
Omit the subsections, insert instead :—
( 1 ) Where there is a variation in the amount of
the Reference Rate, the Minister, on the recommendation of the Tribunal, shall, by order published in
the Gazette as soon as practicable after the variation, amend Column 4 of Schedule 1 — (a) by omitting the reference to the amount in
Item ( 1 ) and by inserting instead a reference to the amount that equals 3 5 per cent, of the Reference Rate;
(b) by omitting the reference to the amount in Item (2) and by inserting instead a refer ence to the amount that equals 5 0 per cent of the Reference Rate;
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c) by omitting the reference to the amount in Item (3) and by inserting instead a refer ence to the amount that equals 30 per cent, of the Reference Rate; and
(d) by omitting the reference to the amount in Item (4) and by inserting instead a refer ence to the amount that equals 5 per cent of the Reference Rate.
(2) Where the age pension payable to a single pensioner under the Social Services Act is varied, or there is a variation in the amount of the Reference Rate, the Minister, on the recommendation of the Tribunal, shall, by order published in the Gazette as soon as practicable after the variation, amend Column 5 of Schedule 1—
(a) by omitting the reference to the amount in Item (1) and by inserting instead a refer ence to the amount that equals the amount specified in Column 4 of the Item, reduced by the amount of the maximum weekly rate of age pension payable under the Social Services Act for a single pensioner;
(b) by omitting the reference to the amount in
Item (2) and by inserting instead a refer ence to the amount that equals the amount specified in Column 4 of the Item, reduced by the amount of the maximum weekly rate of the age pension payable under the Social Services Act for married couple pensioners;
(c) by omitting the reference to the amount in Item (3) and by inserting instead a refer ence to the amount that equals the amount specified in Column 4 of the Item, reduced
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
by the amount of the maximum weekly rate of age pension payable under the Social Services Act for a single pensioner; and
(d) by omitting the reference to the amount in Item (4) and by inserting instead a refer ence to the amount that equals the amount specified in Column 4 of the Item.
(b) Section 10F (4 )—
Omit "the Schedule", insert instead "Schedule 1".
(c) Section 10F (5 )—
After "before", insert", on".
(d) Section 10F (7 )—
Omit "or 13".
(e) Section 10F (8) , (9 )— After section 10F (7), insert:—
(8) Where there is a variation in the amount of
the Reference Rate, a reference in subsection (2) tothe amount specified in Column 4 of an Item of
Schedule 1 is a reference to such amount as is, in accordance with subsection (1) , inserted or to be inserted in that Column in consequence of that
variation.(9) Notwithstanding anything in this section, any amount to be inserted in Schedule 1 in pursuance of this section may be rounded off in such manner as the Minister, on the recommendation of the Tribunal, thinks proper, but so that the variation authorised by this subsection does not exceed 5 cents.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(20) (a) Section 10G—
Omit "Item 1 of the Schedule", insert instead
"Schedule 1 (1) or (2)".
(b) Section 10G (a )—
Omit the paragraph, insert instead :—
(a) 26th March, 1978; or
(21) Section 10H—
After section 10G, insert:—
10H. (1) Notwithstanding anything in this Division, where a person entitled to receive a pension under this Act would, in the opinion of the Tribunal, thereby be prejudici ally affected in respect of any benefits otherwise receivable by that person, the amount of the pension payable shall be such lesser amount than that provided for under this Division as the Tribunal from time to time determines.
(2) Where the Tribunal reduces, under sub section (1), the amount of a pension, the amount by which the pension is so reduced shall be payable in respect of such periods or at such times by way of lump sum or otherwise as the Tribunal from time to time determines.
(22) Section 11 (1 )—
Omit "section 6B,".
(23) Section 11A (1 )—
Omit "and the addition to a pension payable under paragraph (a) or (c) of subsection (1) of section 9", insert instead "(together with, in relation to any period before 26th March, 1978, the amount (if any) of the addition to the pension payable under section 9 (1) (a) or (c) of this Act as in force at any time before that date)".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(24) Section 13 (4 )—
After section 13 (3) , insert:—
(4) Subject to section 19B, the foregoing provisions of this section have no effect in respect of any period after 25th March, 1978.
(25) (a) Section 14 (1) ( a )—
Omit "the prescribed form", insert instead "a form approved by the Tribunal".
(b) Section 14 (1) (b )—
Omit "prescribed", insert instead "approved by the
Tribunal".
(c) Section 14 (1) (c)—
Omit "as prescribed;", insert instead "by statutory declaration; and".
(26) Part II, Division 3—
Before Part III, insert:—
DIVISION 3.—Lump Sum Benefits.
14A. (1) A mine worker whose date of retirement is on
or after 26th March, 1978, is, on retirement, entitled toa lump sum benefit payment at the rate prescribed by this
section—
(a) if every part of the period of 10 years imme diately before the date of retirement was either a period when he was engaged in the coal or oil shale mining industries or an authorised period; and
(b) if he has been engaged in the industries for a period of not less than 10 years or for 2 or more periods together amounting to not less than 10 years.
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(2) A person entitled to a lump sum benefit under
this section is entitled to payment thereof at the rate of the prescribed amount for each completed calendar month of service in the coal or oil shale mining industries.
(3) In subsection (2) , "the prescribed amount", in relation to a person entitled to a lump sum benefit pay ment under this section, means the prescribed amount, referred to in section 14B, as at that person's date of retire ment.
(4) The amount of any lump sum benefit payment otherwise payable to any person under this section shall not include payment for any period of engagement in the coal or oil shale mining industries before 21st November, 1941, unless evidence of his engagement in those industries satis factory to the Tribunal has been furnished to the Tribunal.
(5) Where a person is a mine worker by virtue of
any extension, by or under section 2A or any following section, of the definition of "Mine worker" in section 2 ( 1 ) , the amount of any lump sum benefit payment otherwise payable to that person under this section shall not include payment for any period of engagement in the coal or oil shale mining industries before he became liable to and did commence to contribute to the Fund.
(6) The amount of any lump sum benefit payment otherwise payable to any person under this section shall not include payment for any period of engagement in the coal or oil shale mining industries in respect of which—
(a) a pension or addition thereto is or was payable under this Act to or in respect of him or conse
quent upon his death; or(b) a lump sum benefit payment has already been made under this Act to or in respect of him.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(7) The amount of any lump sum benefit payment otherwise payable to any person under this section shall not include payment for—
(a) any period of engagement in the coal or oil shale mining industries in respect of which a refund of his contributions has been made under this Act; or (b) any period before that referred to in paragraph (a) .
14B. (1) For the purposes of section 14A, the prescribed
amount is, subject to the following provisions of this
section, $100.
(2) Where a variation of the Reference Rate takes effect under section 2 (5) on or after 26th March, 1978, but before 26th March, 1979, and that variation was not made after 26th March, 1979, the Minister, on the recom mendation of the Tribunal, shall, by an order published in the Gazette as soon as practicable after the variation—
(a) vary the prescribed amount in line with and by
the same percentage as the Reference Rate was varied; and
(b)
specify the date as from which the variation takes effect, being the date the variation of the Reference Rate takes effect.
(3) After 26th March, 1979, the Minister, on the
recommendation of the Tribunal (made by it after taking
into consideration the recommendation of the actuarySCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
made in connection therewith and contained in a report furnished under section 27), may, by an order published in the Gazette—
(a) vary the prescribed amount; and
(b) specify the date as from which the variation takes effect.
(4) A date specified in an order published under subsection (2) or (3) may be a date that is before, on or after the date of publication of the order in the Gazette, and, in the case of an order published under subsection (3) , before, on or after 26th March, 1979.
(5) A variation shall not be made under sub section (3) that would result in the prescribed amount being greater than it would be if it were varied in line with and by the same percentage as variations in the Reference Rate.
(6) Where, but for this subsection, the prescribed amount would include a fraction of a cent, that fraction shall, if less than half a cent, be disregarded, or shall, if half a cent or more, be treated as 1 cent.
14c. (1) Where a person whose date of retirement was on or after 7th November, 1977, but before 26th March, 1978, is in receipt of or eligible for a pension under section 6, he is, on application made to the Tribunal before 26th May, 1978, entitled to the lump sum benefit payment to which he would have been entitled under section 14A—
(a)
had the amendments made by the Coal and Oil
Shale Mine Workers (Superannuation) Amend ment Act, 1978, been in force at the date of retirement; and
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) had the reference in section 14A (1) to 26th March, 1978, been a reference to the date of retirement,
but reduced by the amount of any pension or additions thereto paid to or in respect of him, or consequent upon his death, since the date of retirement.
(2) For the purposes of subsection ( 1 ) , section
14A (6) (a) does not apply to any pension or addition paid
to or in respect of the person referred to in subsection (1) , or consequent upon his death, since the date of retirement.
(3) Upon payment of a lump sum benefit pursuant
to an application made by a person under this section, no pension or addition thereto is thereafter payable to or in respect of him or consequent upon his death.
( 4 ) The Tribunal— (a)
may refrain from approving an application under this section during the period of 139 days after the date of retirement of the applicant, although satisfied that the application is such as may otherwise be approved; but
(b) shall not, in any case, approve such an applica tion before 26th May, 1978.
(5) If a person dies after making an application under this section, but before payment of the lump sum benefit, the benefit shall, when the application is approved, be paid to his personal representatives.
(6) An application under this section may be
withdrawn at any time before it is approved.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
14D. ( 1 ) In this section—
"child", in relation to a mine worker referred to in subsection (2) , means his child or step-child under the age of 1 8 years;
"prescribed dependent amount", in relation to a mine worker referred to in subsection (3) , means the amount that equals 240 times the amount that is the prescribed amount (as referred to in section
14B) as at the date of his death;
"relative" means brother, sister, step-brother, step sister, grandmother, grandfather, grandson or granddaughter.
(2) Where a mine worker dies on or after 26th March, 1 9 7 8 , while engaged in the coal or oil shale mining industries or during an authorised period, and a lump sum benefit has not been paid or is not payable under any other section of this Division to or in respect of the mine worker or consequent upon his death—
(a) his widow is entitled to a lump sum benefit pay
ment of the prescribed dependent amount; (b) if a benefit is payable under paragraph (a)— each of his dependent children is entitled to a
lump sum benefit payment as follows :—(i) where there are not more than 3 depen dent children—the lump sum benefit for each such child is an amount equal to one-third of the prescribed dependent amount; or
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(ii) where there are more than 3 dependent children—the lump sum benefit for each such child is an amount equal to the pre scribed dependent amount divided by the number of such dependent children;
(c) if a benefit is not payable under paragraph ( a ) — each of his dependent children is entitled to a
lump sum benefit payment as follows :—(i) where there are not more than 3 depen dent children—the lump sum benefit for each such child is an amount equal to two-thirds of the prescribed dependent amount; or
(ii) where there are more than 3 dependent children—the lump sum benefit for each such child is an amount equal to twice the prescribed dependent amount divided by the number of such dependent chil dren; and
(d) if there are fewer than 3 dependent children—
(i) each of his dependent parents is entitled to a lump sum benefit payment of three- quarters of the prescribed dependent
amount; (ii) each of his dependent relatives is entitled to a lump sum benefit payment of one-half of the prescribed dependent amount; and (iii) each of his other dependants is entitled to a lump sum benefit payment of one- quarter of the prescribed dependent amount, unless entitled to a benefit under any other provision of this subsection.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) For the purposes of this section, a person is dependent on a mine worker referred to in subsection (2) , only if the Tribunal is satisfied that the person was totally or mainly dependent for financial support on the mine worker at the date of the mine worker's death or, in the case of a child of the mine worker, that the child had not attained the age of 16 years at that date.
(4) Where the wife of a mine worker referred to
in subsection (2) dies—
(a) at the same moment as he dies or in circum stances rendering it uncertain which of them sur
vived the other; or(b) within 48 hours before he dies,
she shall, for the purposes of this section, be deemed to
have been alive at the time of his death.(5) For the purposes of this section, where there is no wife or widow of a mine worker referred to in subsection (2) , a woman who was recognised as his wife although not legally married to him shall, if the Tribunal so approves, be deemed to be his wife or widow.
(6) The lump sum benefit to which a child is
entitled under this section is payable to one of the child's
parents or guardians for the child's support and education or to the child as soon as practicable after his attaining the age of 18 years. (7) The maximum total amount payable under this section consequent upon the death of a mine worker shall not exceed double the prescribed dependent amount, and where, but for this subsection, that amount would be exceeded, the benefits payable under subsection (2) (d) shall, to the necessary extent, be reduced proportionately or, if necessary, not be paid.
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
14E. (1 ) Where a mine worker—
(a) proves to the satisfaction of the Tribunal—
(i) that he has been incapacitated by injury during a period when he was engaged in the coal or oil shale mining industries;
(ii) that by reason of his incapacity he is unable to continue his engagement in those industries and that the date of his disability was on or after 26th March, 1978; and
(iii) that the incapacity is likely to be per manent and is of a major and effectively disabling kind;
(b) has not been awarded a pension under section 6, and is not entitled to a lump sum benefit
payment under section 14A, in respect of the
incapacity; and
(c) has submitted himself to any examination re quired under subsection ( 3 ) ,
he is entitled to a lump sum benefit payment of the amount
determined under subsection ( 2 ) .
(2) The amount of a lump sum benefit payable
under this section i s—
(a) where the Tribunal is satisfied that the incapacity was caused by injury as a mine worker—an amount equal to the amount that would have been payable to him under section 14A— (i) had he continued being engaged in the
coal or oil shale mining industries until
the date of retirement;
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(ii) had section 14A (1) (a) and (b) not
been enacted; and
(iii) had the reference in section 14A (3) to
his date of retirement been a reference
to the date of his disability; or
(b) in any other case—-an amount equal to a percent age of the amount referred to in paragraph ( a ) , being 10 per cent, of that amount, together with a further 10 per cent, for each completed year of his engagement in the coal or oil shale mining industries before the date of his disability, to a maximum of 100 per cent.
(3 ) The Tribunal may require an applicant for payment of a lump sum benefit under this section to submit himself to examination by a panel of 3 medical practitioners nominated by the Tribunal and the Tribunal shall, in making any such nomination, have regard to any represen tations made in regard thereto by the applicant.
( 4 ) A person is not entitled to a lump sum benefit
payment where the incapacity was caused by his act or
default intended by him to produce that incapacity.
(5 ) For the purposes of this section, the date on
which a person's incapacity arises and the date of his disability shall be deemed to be such date or dates as may be determined by the Tribunal, and the Tribunal shall, in making a determination under this subsection, have regard to all the circumstances of the case, including—
(a) his medical and employment history; and
(b) the date on which he ceased to be able to be effectively employed as a mine worker.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(6) In this section, a reference t o — (a) injury includes a reference to illness; and
(b) the date of a mine worker's disability is a reference to the date on which he becomes unable to continue his engagement in the coal or oil shale mining industries by reason of incapacity referred to in this section.
(1 ) Where a person, who is in receipt of or eligible for a pension under section 7 or 8 by reason of incapacity, became eligible for the pension on or after 7 th November, 1977, but before 26th March, 1978, he is, on application made to the Tribunal before 26th May, 1978, entitled to the lump sum benefit payment to which he would have been entitled under section 1 4 E —
14F .
(a) had the amendments made by the Coal and Oil Shale Mine Workers (Superannuation) Amend ment Act, 1978, been in force at the date he became eligible for the pension; and
(b) had the words "has not been awarded a pension under section 6, and" been omitted from section
14E (1 ) ( b ) ,
but reduced by the amount of any pension or additions thereto paid for or in respect of him, or consequent upon his death, since he became eligible for the pension.
(2 ) For the purposes of subsection ( 1 ) , section
14A (6 ) ( a ) does not apply to any pension or addition
paid to or in respect of the person referred to in subsection ( l ) , or consequent upon his death, since the date he became eligible for the pension.
(3 ) Upon payment of a lump sum benefit pursuant
to an application made by a person under this section, no pension or addition thereto is thereafter payable to or in respect of him or consequent upon his death.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(4 ) The Tribunal—
(a) may refrain from approving an application under this section during the period of 139 days after the date the applicant became eligible for the pension, although satisfied that the application is such as may otherwise be approved; but
(b) shall not, in any case, approve such an appli cation before 26th May, 1978.
(5) If a person dies after making an application under this section, but before payment of the lump sum benefit, the benefit shall, when the application is approved, be paid to his personal representatives.
(6 ) An application under this section may be
withdrawn at any time before it is approved.
14G . For the purposes of this Division, a mine worker shall not be deemed to be "engaged in the coal or oil shale mining industries" by reason of the operation of section 2
(2) (b) or ( c ) . 14H. (1) Every application for a lump sum benefit payment-—
(a)
shall be in or to the effect of a form approved by the Tribunal;
(b) shall contain such particulars as may be approved (c) shall be verified by statutory declaration; and by the Tribunal; (d) shall be lodged with or forwarded to the Registrar.
(2 ) Upon receipt of any such application the Registrar shall make or cause to be made such investiga tions as appear to him desirable or as may be directed, either generally or in any particular case, by the Chairman or by the Tribunal.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) Upon completion of his investigations the Registrar shall submit the application together with a full report of the result of his investigations to the Tribunal.
(4 ) The Tribunal shall thereupon consider the
application and report.
(5) The Tribunal may allow or disallow the application or may refer the application to the Workers' Compensation Commission.
(6 ) The Workers' Compensation Commission
shall have jurisdiction to hear and determine any
application referred to it under this section.(7) The power to make rules conferred on the Workers' Compensation Commission by the Workers' Com pensation Act, 1926, shall extend to the making of rules for regulating the procedure and practice of the Commission in dealing with applications referred to it under this section and for prescribing all matters which are necessary or convenient to be prescribed by rules in relation to the exercise of the jurisdiction conferred upon the Commission by this section.
(8 ) The decision of the Workers' Compensation
Commission on any application referred to it under this section shall be final and conclusive and shall be binding upon the applicant and the Tribunal.
(9 ) Where the Tribunal allows the application it shall, in its determination, specify the number of completed calendar months of employment as a mine worker in respect of which the lump sum benefit payment is payable under this Act.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(10) Where the Tribunal refers the application to the Workers' Compensation Commission, the Commission shall, in its determination, specify the number of completed calendar months of employment as a mine worker in respect of which the lump sum benefit payment is payable under this Act.
(11) Any determination of the Commission under this section shall be embodied in an order and a copy thereof shall be lodged with the Registrar and filed by him with the records of the Tribunal.
( 2 7 ) Section 18 (2) ( b ) — Omit the paragraph, insert instead : —
There shall be payable out of the Fund all pensions, additions to pensions, lump sum benefit payments and refunds of contributions authorised to be paid under this Act.
(b)
( 28 ) ( a ) Section 19 ( l ) - ( 4 ) — Omit the subsections, insert instead :—
(1) Contributions shall be payable to the Fund in respect of each mine worker a t—
(a) the rate per week of 10 per cent, of the Reference Rate; or (b) such other rate per week as may from time to time be fixed by the Minister, by order published in the Gazette, after taking into consideration a recommendation of the Tribunal made by it after— (i) taking into consideration a report of the actuary furnished under sec
tion 2 7 ; a n d
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(ii) consultation between it and repre sentatives of such organisations of mine workers and owners as the Minister considers appropriate.
(2 ) Contributions under subsection (1) shall be
payable in respect of mine workers—
(a) as to one-quarter thereof—by the mine workers; and
(b) as to three-quarters thereof—by the owners. (2A) For the purpose of providing any additional funds necessary to make provision for or towards the payment of benefits under this Act for such period after 26th March, 1978, as the Minister, on the recom mendation of the Tribunal, thinks fit, special contribu tions shall, in addition to the contributions payable by the owners under the foregoing provisions of this section, be payable to the Fund by the owners in respect of each mine worker—
(a) at the rate of 5.5 per cent, of the Reference Rate; or
(b) at such lower rate as may from time to time
be fixed by the Minister, by order published in the Gazette, on the recommendation of
the Tribunal made by it after—(i) taking into consideration a report of the actuary furnished under sec tion 27; and
(ii) consultation between it and repre sentatives of such organisations of mine workers and owners as the Minister considers appropriate.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) The Minister, on the recommendation of the Tribunal, shall, in an order made under subsection ( 1 ) or (2A ) , specify the date as from which the order shall take effect.
(3A) In an order made under subsection (1) or (2A ) , different dates may be specified for the purposes of subsection (3) in respect of different classes of mine workers, and the dates so specified may be dates before, on or after the date of publication of the order in the Gazette.
(4) There shall be payable to the Fund by the Treasurer, out of money provided by Parliament, the following amounts :—
(a) for the year commencing on 1st July, 1977 —$48,000;
(b) for the year commencing on 1st July, 1978 —$32,000; and
(c) for the year commencing on 1st July, 1979 —$16,000.
(b) Section 19 (4A) — Omit the subsection. (c) Section 19 (5) —
Omit "Without prejudice to the generality of the fore going provisions of this subsection regulations may prescribe the basis or bases upon which the contribu tion of individual owners may be assessed.".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) Section 19 ( 6 ) —
Omit "Without prejudice to the generality of the fore going provisions of this subsection the regulations may prescribe the basis or bases upon which the contribu tions of individual mine workers are to be assessed, and", insert instead "The regulations".
(e) Section 19 ( 6 ) —
Omit "such contributions", insert instead "such moneys".
(f) Section 19 (8) —
Omit the subsection.
(29) Section 19A ( 3 ) —
Omit" , 6B".
| (30) | (a ) Section 19B (1) ( b ) — |
Omit ", 6B".
(b) Section 19B (2) ( a ) — Omit "sections 11A and 13", insert instead "section
11A and section 13 (subsection (4 ) of which shall,
for the purposes of this section, be deemed never to
have been in force)".
(c) Section 19B ( 2 ) —
Omit ", 6B".
(d) Section 19B ( 6 ) —
At the end of section 19B, insert :—
(6) Subsection (1 ) (b) does not apply to or in respect of a mine worker entitled to a lump sum benefit payment under Division 3 of Part I I .
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(31) Section 19J ( 1 ) —
After "terminated" where firstly occurring, insert "before
26th March, 1978,".
(32) Section 19K—
Omit "this Part" wherever occurring, insert instead "section
19 J".
(33) Sections 19L, 1 9 M — After section 19K, inse r t :— 19L. ( I ) Subject to this Part, where a mine worker's engagement in the coal or oil shale mining industries has been terminated on or after 26th March, 1978, and the Tribunal is satisfied—
(a) that—
(i) where his engagement was so terminated otherwise than by reason of his death and he has not died thereafter—he is not eligible for a pension or entitled to a lump sum benefit payment under this Act;
(ii) where his engagement was so terminated by reason of his death—no person is eligible for a pension or entitled to a lump sum benefit payment under this Act consequent upon his death; or (iii) where his engagement was so terminated otherwise than by reason of his death and he has died thereafter—he was not, after that termination of his engagement, eligible for a pension or entitled to a lump
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
sum benefit payment under this Act, and no person is eligible for a pension under this Act consequent upon his death; and
(b) that he has, being liable to do so, paid contribu tions to the Fund for a period of not less than one year immediately before that termination of his engagement,
the Tribunal shall, on application made by the mine worker or his personal representatives, refund to him or them an amount equal to the total amount of the mine worker's contributions to the Fund in respect of the period or periods during which he was engaged in those industries, together with interest thereon under subsection ( 6 ) .
(2) Where a mine worker's engagement in the coal
or oil shale mining industries has been terminated otherwise than by reason of his death, no refund shall be made under this section consequent upon that termination of his engagement unless—
(a) he or, if the Tribunal is satisfied that he, being alive, is unable for any reason to do so, some other person on his behalf, makes application therefor within the period of one year after that
termination; or (b) if he dies within that period without any applica tion having been made therefor under paragraph (a)—his personal representatives make applica tion therefor within the period of one year after his death.
(3) Where a mine worker's engagement in the
coal or oil shale mining industries has been terminated by
reason of his death, no refund shall be made under thisSCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
section consequent upon that termination of his engagement unless his personal representatives make application therefor within the period of one year after his death.
(4) Any period during which a person was engaged in the coal or oil shale mining industries shall be disregarded for the purposes of subsection (1) if a pension or lump sum benefit payment is payable under this Act after the termination of his engagement in those industries by reference to that period.
(5) Where a refund of a mine worker's contribu tions paid to the Fund in respect of a period or periods is made under this section, the mine worker shall, for the purposes of Division 2 of Part II, be deemed to have been engaged, during that period or those periods, otherwise than in those industries.
(6) The interest payable on the amount of refunded contributions is the total of the interest payable, on the balance of the contributions as at 30th June in each year, at the rate per annum payable as at that date by the Commonwealth Savings Bank in respect of correspond ing amounts in a savings account, but so that no interest on interest is payable.
19M. The reference in section 19L (1 ) to the total amount of a mine worker's contributions to the Fund is a reference to those contributions as reduced by such of the following amounts as may be applicable :—
(a)
an amount equal to so much of his contributions
to the Fund as were previously refunded to or in respect of him under this Part (excluding any of his contributions that have been repaid to the Fund, as referred to in section 10AA);
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) an amount equal to any contributions paid by him to the Fund in respect of any period before
25th May, 1971.
(34) Section 2 2 —
After "pension", insert "or a lump sum benefit payment".
| (35) | (a ) Section 25 ( 1 ) — |
After "pension" where secondly occurring, insert "or any lump sum benefit payment or any part thereof".
(b) Section 25 ( 1 ) — After "pension" where fourthly occurring, insert "or lump sum benefit payment".
| (36) | Section 2 7 — |
Omit the section, insert instead :— 27. (1 ) The Minister shall, from time to time, appoint an actuary for the purpose of making investigations and reports on the state, sufficiency, assets and liabilities of the Fund and the Subsidy Fund established under Part IVA.
(2 ) The Tribunal shall arrange for such an investi
gation and report to be made as at 26th March, 1979,
and thereafter at intervals of not more than 3 years.SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3 ) Any such report shall—
(a)
contain an analysis of the assets and liabilities of the Fund and Subsidy Fund, and the sufficiency of the Fund having regard to the current and likely future level of contributions, pensions, additions to pensions, lump sum benefit payments and any other factors which the actuary or Tribunal considers relevant;
(b)
include recommendations as to any matters which are required to be the subject of such a recom mendation; and
(c)
include recommendations as to such other matters as the actuary or Tribunal thinks proper.
(4) Any costs incurred in making an investigation
or report under this section shall be paid from the Fund.
(37) Sections 28A, 2 8 B —
After section 28, i n se r t :— 28A. Orders under different provisions of this Act may be contained in the same instrument or in different instru ments.
28 B . Except where otherwise prescribed, a person is not
eligible for benefits under both Division 2 and Division 3 of Part III in respect of the same period, or for 2 or more benefits under Division 3 of Part III in respect of the same period.
(38) Section 2 9 — After "pension" wherever occurring, insert "or lump sum benefit payment".
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
| (39) | (a ) Section 32 (2) ( a ) , ( b ) — |
Omit "or subsidies" wherever occurring, insert instead
", subsidies or lump sum benefit payments".
(b) Section 32 (2) ( g ) —
After section 32 (2) ( f ) , inse r t :— (g)
require the production of information or records for the purposes of, or in connnection with, any investigation or report under section 27.
(c) Section 32 ( 5 ) - ( 7 ) —
After section 32 ( 4 ) , inse r t :— Subject to subsections (6) and ( 7 ) , the power to make regulations under this Act extends to authorise the making of regulations whereby the pro visions of this Act or of Schedule 2 to the Coal and Oil Shale Mine Workers (Superannuation) Amend ment Act, 1978, or both, are deemed to be amended in the manner set forth in the regulations.
(5)
(6 ) Regulations shall not be made pursuant to
subsection (5 ) unless the Minister is satisfied that,and certifies to the Governor that, the principles con
representatives of such of the following organisations tained in the regulations have been agreed to by as are in existence when the regulations are made,
namely—(a) The New South Wales Combined Colliery Proprietors' Association.
(b) The Australian Coal and Oil Shale Em ployees' Federation.
(c) The Australian Collieries' Staff Association.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) The Amalgamated Metal Workers' and Shipwrights' Union.
(e) The Electrical Trades Union of Australia.
(f) The Federated Mining Mechanics' Associa tion of Australasia.
(g) The Federated Engine Drivers and Fire men's Association of Australasia.
(7) Regulations made pursuant to subsection
( 5 ) —
(a) may only be made for or with respect to matters for or with respect to which this Act or Schedule 2 to the Coal and Oil Shale Mine Workers (Superannuation) Amend ment Act, 1978, makes provision;
(b) may be made so as to take effect on and from 26th March, 1978, or a later date, notwithstanding that they are made or published in the Gazette after that date;
(c) shall have no effect unless published in the
Gazette on or before 2nd February, 1979;
(d)
shall, unless sooner revoked or otherwise ceasing to have effect, be deemed to be revoked on 15th April, 1979; and
(e)
shall have no effect in so far as they would, but for this paragraph, have the effect of amending (directly or indirectly) this subsection or subsections (5 ) or (6 ) or Part III.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(40) Schedule 1—
Omit the Schedule to the Principal Act, insert instead :—
SCHEDULE 1.
| Column | Column 2. | Column 3. | Column | Column |
| 1. | 4. | 5. |
Amount Amount of pension of pension
| Item. | Class. | Description of person. | or | or |
addition: addition:
initial subsequent rate. rate. $ $
| (1) | Mine | A person who is in receipt of, or | 70.05 | 20.75 |
worker eligible to receive, a pension (single under section 6, 7 or 8 or who man's becomes eligible therefor, being rate). a person who is not entitled under section 8A to a pension at the married man's rate.
| (2) | Mine | A person who is in receipt of, or | 100.05 | 17.85 |
worker eligible to receive, a pension (married under section 6, 7 or 8 or who man's becomes eligible therefor, being rate). a person who is entitled under
section 8A to a pension at the married man's rate.
| (3) | Widow, | A person who is in receipt of, or | 60.05 | 10.75 |
etc. eligible to receive, a pension under section 10 (except sub section (1E)), whether by virtue of the operation of section 10A (1) or otherwise, or section 10A (except subsection (5)), or who becomes eligible therefor, not being a person referred to in Item (4).
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
Column Column 2 . Column 3. Column Column
1. 4. 5.
Amount Amount of pension of pension
Item. Class. Description of person. or or
addition: addition: initial subsequent rate. rate. $ $
( 4 ) Child, etc. A person— 1 0 . 0 0 1 0 . 0 0
(a) who is in receipt of, or eligible
to receive, an addition under section 9 ( 1 ) (b) or (d) or (2 ) , (3), (4) or (6), or who becomes eligible therefor; or
(b)
who is in receipt of, or eligible to receive, a pension equal to an addition referred to in paragraph (a) by virtue of section 1 0 ( 1 ) or (IF) or who becomes eligible therefor.
S C H E D U L E 2.
SAVINGS AND TRANSITIONAL PROVISIONS.
( 1 ) The Minister, on the recommendation of the Superannuation Tri bunal, shall, by an order published in the Gazette as soon as practicable after the date of assent to this Act, specify the weekly rate of wage payable for the classification of loaderman in an industrial award applying to the coal mining industry in N e w South Wales.
( 2 ) A n order under item (1 ) shall be deemed to have been made under section 2 ( 5 ) of the Principal Act, as amended by this Act, for the purposes of the definition of "Reference Rate" in section 2 (1 ) of that Act, and shall take effect or be deemed to have taken effect (as the case may require) on
| and from 26th March, | 1 9 7 8 . |
( 3 ) Where an addition to a pension was payable, immediately before the commencement of this item, under section 9 ( 5 ) or (5A) of the Principal Act as in force before that commencement, the addition shall be deemed to have been awarded by the Superannuation Tribunal under section 9 (5 ) or (5A) (as the case may be) of that Act, as amended by this Act, unless the addition was revoked by the Tribunal with effect from that commencement.
( 4 ) Any amounts paid before 26th March, 1978, under section 19 (4 ) of the Principal Act in respect of the year commencing on 1st July, 1977, shall be deemed to have been paid under section 19 (4 ) of the Principal Act, as amended by this Act.
( 5 ) Nothing in this Act takes away the right to a pension under the Principal Act of a person who was in receipt of or eligible for the pension
immediately before 26th March, 1978, but such a person shall be entitled
thereto to in accordance with and at the rates prescribed by the Principal
Act, as amended by this Act.
(6 ) Without affecting the generality of Division 2 of Part II of the Principal Act, as amended by this Act, where, but for this Act, a person in receipt of or eligible for an addition under section 9 ( 1 ) (a ) or (c ) of the Principal Act immediately before 26th March, 1978, would be entitled to the addition for any period commencing on 26th March, 1978, he is entitled instead to a pension at the married man's rate, as referred to in the Principal Act, as amended by this Act, in respect of that period.
59941E-8
S C H E D U L E 2—cont inued .
SAVINGS AND TRANSITIONAL PROVISIONS—cont inued.
(7 ) Notwithstanding the repeal by this Act of the provisions of section 9 (1 ) (a) and ( c ) , (1A) and ( 1 B ) of the Principal Act, those provisions apply to and in respect of—
(a)
the period commencing on 1st January, 1978, and ending on 25th March, 1978; and
(b) any previous period,
as if this Act had not been enacted, but as if the period referred to in paragraph (a) were a prescribed period within the meaning of section 9 (1A) of the Principal Act.
( 8 ) Nothing in the Interpretation Act, 1897, requires an actuarial exami nation or report to be made under section 27 of the Principal Act after the repeal of that section by this Act.
(9 ) Section 10F of the Principal Act, as amended by this Act, shall, but only if the Minister so approves by instrument in writing, apply to and in respect of a variation of a kind referred to in that section and made before 26th March, 1978.
0
0
0