State Electricity Commission Act Amendment Act 1955 (WA)

1955.] State Electricity Commission. 1No. 41.

STATE ELECTRICITY COMMISSION.

4° Elizabeth II., No. XLI.

No. 41 of 1955.

AN ACT to amend the State Electricity

Commission Act, 1945-1954.

[Assented to 5th December, 1955.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the State Elec-	Short title
and

tricity Commission Act Amendment Act, 1955.

(2) In this Act the State Electricity Commission

Act, 1945-1954,

Act No. 60 of 1945 as amended by Acts Nos. 33 of 1948, 4 of 1952, 23 of 1954 and 73 of 1954,

is referred to as the principal Act.

No. 41.] State Electricity Commission. [1955.

(3) The principal Act as amended by this Act may be cited as the State Electricity Commission Act, 1945-1955.

S. 29A

amended.	2. Section twenty-nine A of the principal Act is amended by adding after the word "section" in line two of subsection (2) the passage "and in sections twenty-nine B and twenty-nine C of this Act,".
(Cf No. 33 of
1948, s. 9.)

3. The principal Act is amended by adding after

section twenty-nine A new sections as follow:-

Supple

-mentary 29B. (1) Where an officer, not being a wages

allowance

Payable to	employee of the Commission was, on the eighth
Persons
entitled to	day of March, 1955, or after that day was or
Super-
annuation	becomes, entitled to receive a superannuation
allowance
Under s. 29A.	allowance payable out of the superannuation scheme constituted under the provisions of section twenty-nine A of this Act, he is entitled

if the rate of superannuation allowance

does not exceed four pounds per week

to receive from the scheme a supplementary allowance of fifty per centum of such super- annuation allowance as he was or becomes entitled to receive from and after that day; or

if the rate of superannuation allowance

exceeds four pounds per week

to receive from the scheme a supplementary allowance calculated on a weekly basis, which is equivalent to

(a)	fifty per centum of such portion of the superannuation allowance, which he was or becomes so entitled to receive, as does not exceed four pounds per week, and
(b)	twenty-five per centum of such portion of that superannuation allowance as exceeds four pounds per week.

1955.] State Electricity Commission. [No. 41. sion was, on the eighth day of March, 1955, or after that day was or becomes, entitled to receive a superannuation allowance payable out of the superannuation scheme constituted under the provisions of section twenty-nine A of this Act he is entitled to receive from the scheme a supplementary allowance at the rate of six shillings and three pence per week for the period from and after that day, for which he was or becomes entitled to receive a superannuation allowance. (2)

Where a wages employee of the Commis- (3) The widow of an officer or of a wages employee of the Commission is entitled to receive from the scheme a supplementary allow- ance of one-half of the supplementary allowance which her husband would have been entitled to receive under the provisions of subsection (1) or subsection (2) of this section had he been living and in receipt of a superannuation allow- ance, but no supplementary allowance is payable to the widow in respect of a period which is prior to the death of her husband and prior to the eighth day of March, 1955, nor unless she is entitled to receive a superannuation allowance from the scheme.

(4)

The provisions of this section are subject to those of section twenty-nine C of this Act.

29C. (1) Notwithstanding the provisions of glae=lsa-

section twenty-nine B of this Act, where a allowance

person is entitled to a superannuation allowanceentitled i to s°

payable out of the superannuation scheme con- under tuper-

stituted under section twenty-nine A of this Act ffjr,t),;y

and to a pension under the Superannuation awl 129e38fits Act,

Family Benefits Act, 1938,

if the rate of pension, calculated on a weekly basis, is not less than six pounds per week,

the person is entitled to receive, as the supple- mentary allowance payable out of the super- annuation scheme, twenty-five per centum of the

No. 41.] State Electricity Commission. [1955.

superannuation allowance to which he is

entitled, but

if the rate of pension, calculated on a weekly

basis, is less than six pounds per week,

the person is entitled to receive, as the supple- mentary allowance calculated on a weekly basis and payable out of the superannuation scheme, an amount which is equivalent to-

(i) either

one-third of the difference between the sum of six pounds and the amount which he is entitled to receive per week as pension under the Superannuation and Family Benefits Act, 1938,

or

one-half of the amount which he is entitled to receive per week as superannuation allowance from the superannuation scheme,

whichever is the lesser amount,

and

(ii) one-fourth of so much of the super- annuation allowance, calculated on a weekly basis, as exceeds two-thirds of the difference between the sum of six pounds and the amount which he is entitled to receive per week as pension under the Superannuation and Family Benefits Act, 1938.

(2) Notwithstanding the provisions of sub- section (3) of section twenty-nine B of this Act, the widow of a person who was a contributor both for a superannuation allowance payable out of the superannuation scheme and to a pension under the Superannuation and Family Benefits Act, 1938, is entitled to receive, as the supplementary allowance payable out of the scheme, one-half of the supplementary allow-

1955.] State Electricity Commission. [No. 41. ance which her husband would have been entitled to receive under the provisions of sub- section (1) of this section, had he been living and in receipt of a superannuation allowance and a pension, but no supplementary allowance is payable to a widow under this subsection unless she is entitled to receive a superannua- tion allowance from the scheme.

29D. Notwithstanding anything contained Pension and

in the Superannuation and Family Benefits Act, :11=i:en

1938, or in this Act which is inconsistent with nnitt'numegV.

this section, a person who is a contributor to the 1?gdt?lAuper-

superannuation scheme constituted under aannnaatiiim

section twenty-nine A of this Act is not eligible 1313lets Act.

to become a contributor under the Superannua- tion and Family Benefits Act, 1938, for a pension which

together with the superannuation allow- ance which, in the estimation of the Com- mission, he would be entitled to receive from the superannuation scheme,

entitles him to a pension and a superannuation allowance which in the aggregate exceeds the maximum amount of pension for which he is eligible to contribute under the provisions of section thirty-seven of the Superannuation and Family Benefits Act, 1938.

29E. When all the liabilities incurred under raibeilka

the superannuation scheme constituted under under

the provisions of section twenty-nine A of this tcah,:groVig;

Act have been paid and discharged and the ggigIsign.

that effect, the balance, if any, standing to the

credit of the scheme is to be paid to the credit

of the Electricity Commission General Fund

Chairman and Auditor General have certified to o: this as income derived by the Commission from the business carried on by it under the authority of this Act.