Government Railways (Superannuation) Amendment Act 1979 (NSW)

GOVERNMENT RAILWAYS (SUPERANNUATION)

AMENDMENT ACT, 1979, No. 198

ANNO V1CESIMO OCTAVO

ELIZABETHE II REGINE

Act No. 198, 1979.

An Act to amend the Government Railways Act, 1912, with respect to pensions payable to certain widows. [Assented to, 21st December, 1979.]

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 "Government Railways

(Superannuation) Amendment Act, 1979".

1. (1) Except as provided in subsections (2) , (3) and (4),

this Act shall commence .on the date of assent to this Act.

(2) Section 4 shall, in its application to a provision of Schedule 1 or 2, be deemed to have commenced on the day on which the provision is deemed to have commenced.

(3) Schedule 1 shall be deemed to have commenced on

1st November, 1977.

(4) Schedule 2 shall be deemed to have commenced on

22nd September, 1976.

1. This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO THE GOVERNMENT

RAILWAYS ACT, 1912.

SCHEDULE 2.—FURTHER AMENDMENT TO THE

GOVERNMENT RAILWAYS ACT, 1912.

4. The Government Railways Act, 1912, is amended in the

manner set forth in Schedules 1 and 2.

5. The reference in section 121A (3) (a) of the Government Railways Act, 1912, as in force between 25th November, 1976, and 31st October, 1977, both dates inclusive, to any deduction on account of means as assessed within the meaning of the law of the Commonwealth pursuant to which a pension is paid shall be deemed to have been a reference to any reduction in that pension on account of income or property or both pursuant to that law.

SCHEDULE 1.

AMENDMENTS TO THE GOVERNMENT RAILWAYS ACT, 1912.

(1) Section 121A (3) (a )—

Omit the paragraph, insert instead :—

(a) is—

(i)   in the case of a widow who has not attained the age of 70 years—in receipt of, or eligible to receive, a class of Commonwealth pen­ sion that is the maximum amount of that class of Commonwealth pension that may be paid to her, without any reduction on account of income or property or both pursuant to the law of the Commonwealth under which the Commonwealth pension is

paid; or

(ii)   in the case of a widow who has attained the age of 70 years—in receipt of, or eligible to receive, a Commonwealth pension; and

(2) (a) Section 121A (7 )—

After "shall", insert ", in the case of a widow who has not attained the age of 70 years,".

SCHEDULE 1—continued.

AMENDMENTS TO THE GOVERNMENT RAILWAYS

ACT, 1912—continued.

(b) Section 121A (7) (a )—

Omit "paragraph (a) of subsection ( 3 ) " , insert instead "subsection ( 3 ) (a) (i)".

(3) Section 121A (7A)—

After section 121A (7), insert :—

(7A) The amount of a prescribed pension shall, in the case of a widow who has attained the age of 70 years, be the amount of the maximum pension rate per annum shown in the second column of the Fourth Schedule opposite the period of service shown in the first column of that Schedule which is appropriate for the period of service of the widow's deceased husband,

(4) (a) Section 121A (8)—

Omit "change in her means", insert instead "relevant income or property or both".

(b) Section 121A (8)—

Omit "paragraph (a) of subsection ( 3 ) " , insert

instead "subsection ( 3 ) (a) (i)".

(5) Section 121A (9) (a )—

Omit the paragraph, insert instead :—

(a) ceases to be entitled to a Commonwealth pension;

SCHEDULE 2 .

FURTHER AMENDMENT TO THE GOVERNMENT RAILWAYS

ACT, 1 9 1 2 .

Section 1 2 1 B —

After section 121A, insert :—

121B. ( 1 ) Where there is an adjustment percentage for a review year, the amounts shown in the second column of the Fourth Schedule shall be deemed to be adjusted, on and from the adjustment date for that year, by that percentage.

( 2 ) The amounts referred to in subsection ( 1 ) shall not be reduced, by the operation of that subsection, below those respectively set out in the Fourth Schedule as originally enacted.

(3) Where the amounts referred to in subsection

( 1 ) are deemed to be adjusted by the operation of that

subsection, the amounts as so adjusted shall, for the pur­ poses of this Part, be deemed to be shown in the second column of the Fourth Schedule instead of those previously shown or deemed to be shown.