Superannuation Act 1954 (Cth)
SUPERANNUATION.
An
Act to amend the
[Assented to 20th April, 1954.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
(2.) The
(3.) The Principal Act, as amended by this Act, may
be cited as the
(2.) Sections eight, nine, ten, twelve, thirteen, fourteen, fifteen, nineteen, twenty, twenty-two, twenty-three, twenty-eight and twenty-nine of this Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and fifty-four.
(3.) Section sixteen of this Act shall be deemed to have come into operation on the thirty-first day of October, One thousand nine hundred and fifty-three.
(4.) Section twenty-one of this Act shall be deemed to have come into operation on the thirtieth day of March, One thousand nine hundred and fifty-one.
(
a ) by omitting from sub-section (4.) the words”, by notice published in theGazette ,”;(
b ) by omitting from sub-section (4.) the words “publication of the notice” and inserting in their stead the word “direction”;(
c ) by omitting from sub-section (5.) the words “,by notice published in theGazette ,”;(
d )by omitting from sub-section (5.) the words “publication of the notice” and inserting in their stead the word “direction”;(
e ) by omitting from sub-section (6.) the words “by notice published in theGazette ,”; and(
f ) by omitting from sub-section (6.) the words “publication of the notice” and inserting in their stead the words “the direction”.
“4b.—(1.) Notwithstanding anything contained in any Act, a person who becomes an employee on or after the date of commencement of this section shall not contribute to the Fund or the Provident Account unless, before becoming an employee, or within such period after becoming an employee as the Board allows, he has been medically examined by a legally qualified medical practitioner approved by the Board, and a report of the results of the examination has been furnished by the medical practitioner to the Board or to a person or authority specified by the Board.
“(2.) A person referred to in the last preceding sub-section shall not contribute to the Fund under Part III. of this Act unless the Board is satisfied, after considering the report of the medical practitioner, that the health and physical condition of that person are such as to justify his being accepted as a contributor.”.
(2.) Notwithstanding the last preceding sub-section, section four b of the Principal Act continues to apply in relation to a person who became an employee before the date of commencement of this section.
“(
c ) in the case of a person who is deemed to be an employee within the meaning of section four of this Act by virtue of sub-section (4.), (5.) or (6.) of that section or section nine of theHigh Commissioner Act 1909-1952—the date as from which he is so deemed to be an employee or, if that date is not a pay-day, the next succeeding pay-day after that date.”.
Column One. | Column Two. | Column Three. | |||
Salary Group in which Employee’s Annual Salary falls. | Number of Units. | Equivalent Amount of Annual Pension. | |||
Exceeding— | But not exceeding— | ||||
£ | £ | £ | |||
.. | 162 | Two................................................................. | 91 | 0 | 0 |
162 | 195 | Two and one-half.............................................. | 113 | 15 | 0 |
195 | 260 | Three............................................................... | 136 | 10 | 0 |
260 | 325 | Four................................................................. | 182 | 0 | 0 |
325 | 390 | Five................................................................. | 227 | 10 | 0 |
390 | 455 | Six................................................................... | 273 | 0 | 0 |
455 | 520 | Seven............................................................... | 318 | 10 | 0 |
520 | 585 | Eight................................................................ | 364 | 0 | 0 |
585 | 650 | Nine................................................................. | 409 | 10 | 0 |
650 | 715 | Ten.................................................................. | 455 | 0 | 0 |
715 | 780 | Eleven.............................................................. | 500 | 10 | 0 |
780 | 845 | Twelve............................................................. | 546 | 0 | 0 |
845 | 910 | Thirteen........................................................... | 591 | 10 | 0 |
910 | 975 | Fourteen........................................................... | 637 | 0 | 0 |
975 | 1,040 | Fifteen............................................................. | 682 | 10 | 0 |
1,040 | 1,105 | Sixteen............................................................. | 728 | 0 | 0 |
1,105 | 1.170 | Seventeen......................................................... | 773 | 10 | 0 |
1,170 | 1,235 | Eighteen........................................................... Nineteen........................................................... | 819 | 0 | 0 |
1,235 | 1,300 | 864 | 10 | 0 | |
1,300 | 1,430 | Twenty............................................................. | 910 | 0 | 0 |
1,430 | 1,560 | Twenty-one...................................................... | 955 | 10 | 0 |
1,560 | 1,690 | Twenty-two...................................................... | 1,001 | 0 | 0 |
1,690 | 1,820 | Twenty-three.................................................... | 1,046 | 10 | 0 |
1,820 | 1,950 | Twenty-four..................................................... | 1,092 | 0 | 0 |
1,950 | 2,080 | Twenty-five...................................................... | 1,137 | 10 | 0 |
2,080 | 2,210 | Twenty-six....................................................... | 1,183 | 0 | 0 |
2,210 | 2,340 | Twenty-seven................................................... | 1,228 | 10 | 0 |
2,340 | 2,470 | Twenty-eight.................................................... | 1,274 | 0 | 0 |
2,470 | 2,600 | Twenty-nine..................................................... | 1,319 | 10 | 0 |
2,600 | 2,730 | Thirty............................................................... | 1,365 | 0 | 0 |
2,730 | 2,860 | Thirty-one........................................................ | 1,410 | 10 | 0 |
2,860 | 2,990 | Thirty-two........................................................ | 1,456 | 0 | 0 |
2,990 | 3,120 | Thirty-three...................................................... | 1,501 | 10 | 0 |
3,120 | 3,250 | Thirty-four....................................................... | 1,547 | 0 | 0 |
3,250 | 3,380 | Thirty-five........................................................ | 1,592 | 10 | 0 |
3,380 | .. | Thirty-six......................................................... | 1,638 | 0 | 0 |
(2.) Section thirteen of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—
“(3.) Where, at the time when an employee becomes or became a contributor, he is or was not less than forty years of age, he may elect to reduce the number of initial units in respect of which he shall contribute, or continue to contribute, to a number not being less than two, and any contributions paid by him in respect of initial units in excess of the reduced number of initial units shall be refunded to him.”.
(3.) Where the number of units of pension (not
including reserve units of pension) for which a contributor was contributing
immediately before the date of commencement of this section exceeds the number
of units specified in column two of the scale contained in sub-section (1.) of
section thirteen of the
(4.) Whore, immediately before the date of
commencement of this section, the time within which a contributor had a right
to make an election under paragraph (
“15. Where the salary of a contributor has been reduced and by reason of that reduction falls within a salary-group in column one of the scale contained in sub-section (1.) of section thirteen of this Act lower than the salary-group in which it would fall if it had not been reduced, he may elect to reduce the numb3r of units in respect of which he shall contribute to a numb3r not being less than the number of units appropriate to the salary-group to which his salary has been reduced, and any contributions paid by him in respect of units in excess of the reduced number of units shall be refunded to him.”.
(
a ) by omitting from sub-section (1.) the word “The” and inserting in its stead the words “Subject to this section, the”;(
b ) by omitting from sub-section (1.) the word “two-thirds” and inserting in its stead the word “five-sevenths”; and(
c ) by adding at the end thereof the following sub-section:—“(4.) Subject to sub-section (3.) of section thirty-one, sub-section (3.) of section thirty-two and sub-section (2.) of section thirty-three of this Act, the Commonwealth shall, in respect of each payment of pension payable in respect of a child, where the pensioner or contributor contributed to the Fund on the basis referred to in sub-section (1.) of this section, pay to the Fund a sum equal to three-quarters of the payment so made.”.
(
a ) by omitting from sub-section (2.) the word “To” and inserting in its stead the words “Subject to sub-sections (2a.) and (2b.) of this section, to”;(
b ) by omitting from sub-section (2.) the words “three times” (wherever occurring) and inserting in their stead the words “three and one-half times”; and(
c ) by inserting after sub-section (2a.) the following sub-section:—“(2b.) To determine the sum payable by the Commonwealth under this section in respect of each payment of pension made in respect of a child, the rate of contribution actually payable by the employee shall be subtracted from four times the rate prescribed for the age of the employee at the date upon which he commenced to pay the contribution, and the ratio of this difference to four times the rare so prescribed shall be computed. This ratio shall represent the fraction of the pension payment so made to be paid by the Commonwealth to the Fund.”.
“(1.) The unit of pension is Forty-five pounds ten shillings per annum.”.
(
a ) by omitting sub-section (2.) and inserting in its stead the following sub-section:—“(2.) Where a person—
(
a ) appointed prior to the commencement of theSuperannuation Act 1937 as an officer under section twenty-one of theAustralian Soldiers’ Repatriation Act 1920, section fifteen of theWar Service Homes Act 1918, section fourteen a of theScience and Industry Research Act 1920-1926 or section nine of theHigh Commissioner Act 1909; or(
b )in respect of whom a notice was published in pursuance of sub-section (4.) of section four of theSuperannuation Act 1922-1942 or of that Act as amended by an Act or Acts passed prior to theSuperannuation Act 1954 and whose appointment to the statutory office was made prior to the commencement of theSuperannuation Act 1942,became or becomes a contributor and, within seven years after becoming a contributor, was or is retired on the ground of invalidity or physical or mental incapacity to perform his duties, or has died or dies, any pension payable under this Act shall be paid from the Fund and the Commonwealth shall pay to the Fund the amount of pension so paid.”;
(
b ) by omitting from sub-section (3.) the words “this Act” (first occurring) and inserting in their stead the words “theSuperannuation Act 1922-1952 has retired or”; and(
c ) by omitting from sub-section (3.) the word “dies” and inserting in its stead the words “has died or dies”.
(
a ) by omitting from paragraph (a ) of sub-section (1.) the words “Thirty-nine pounds” and inserting in their stead the words “Forty-five pounds ten shillings”; and(
b ) by omitting from paragraph (b ) of sub-section (1.) the words “Nineteen pounds ten shillings” and inserting in their stead the words “Twenty-six pounds”.
(
a ) by omitting from sub-section (1.) the words “Thirty-two pounds ten shillings” and inserting in their stead the words “Thirty-nine pounds”; and(
b ) by omitting from sub-section (2.) the word “two-fifths” and inserting in its stead the word “one-third”.
(
a ) by omitting from sub-section (1.) the words “Four hundred and twenty-nine pounds” (wherever occurring) and inserting in their stead the words “Five hundred pounds ten shillings”; and(
b ) by adding at the end thereof the following sub-section:—“(6.) Where, by reason of the operation of sub-section (1.) or (3.) of this section, a payment of pension is reduced, the amount payable by the Commonwealth to the Fund in respect of that payment of pension is the amount that would be payable by the Commonwealth if the reduction had not been made, less the amount by which the payment of pension is so reduced.”.
“59a.—(1.) The rate of a pension payable immediately before the date of commencement of this section to a person under section fifty-seven of this Act as affected by the last preceding section (not being a pension payable to a widow or a pension for which contributions were made to a State Fund as defined by section sixty an of this Act) is increased in accordance with the following table:—
Rate of pension applicable apart from this section. | Extent of increase. |
Not exceeding £312 per annum.......................... | One-sixth |
| £52 per annum |
|
|
Exceeding £500 per annum................................ | £26 per annum |
“(2.) The rate of a pension payable immediately before the date of commencement of this section to a widow under section fifty-seven of this Act as affected by the last preceding section (not being a pension for which contributions were made to a State Fund as defined by section sixty an of this Act), and the rate at which, apart from this section, a pension (not being a pension for which contributions were so made) would become payable after that date to a widow under that section as so affected, is increased in accordance with the following table:—
Rate of pension applicable apart from this section. | Extent of increase. |
Not exceeding £78 per annum............................ | £13 per annum |
| One-sixth |
| £26 per annum |
|
|
Exceeding £250 per annum................................ | £13 per annum |
“(3.) The Commonwealth shall pay to the Fund the amount of the increases provided for by this section, and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly.
“(4.) This section continues in operation until the thirty-first day of December, One thousand nine hundred and fifty-six, and no longer.”.
“60v.—(1.) The following persons shall be contributors to the Provident Account:—
(
a ) all employees who, by reason of the operation of sub-section (2.) of section four b of this Act, are not eligible to contribute to the Fund under Part III. of this Act; and(
b ) all employees who elect under section sixty x of this Act to contribute to the Provident Account.
“(2.) Where, after a person has become a contributor to the Provident Account otherwise than by virtue of section sixty x of this Act, he furnishes evidence to the satisfaction of the Board that his health and physical condition are such as to justify his being accepted as a contributor under Part III. of this Act, the Board may, upon application by that person, allow him to contribute to the Fund under Part III. of this Act.
“(3.) Where, in pursuance of the last preceding sub-section, the Board decides to allow a contributor to the Provident Account to contribute to the Fund under Part III. of this Act—
(
a ) he shall, as from the date of the decision of the Board, make no further contributions to the Provident Account, and he ceases to be entitled to any benefit (not being a refund of contributions) that would otherwise be payable from the Provident Account;(
b ) he is entitled to a refund of the contributions paid to the Provident Account, together with compound interest on those contributions at the rate of Three pounds per centum per annum; and(
c ) he shall contribute to the Fund under Part III. of this Act as from the date of the decision of the Board or, if that date is not a pay-day, the next succeeding pay-day.
“(4.) A person who becomes entitled to a refund of
contributions, together with interest, under paragraph (
“(5.) Where a person repays an amount to the Board in pursuance of an election under the last preceding sub-section, the Commonwealth Actuary shall certify the number of fully paid units (including, where necessary, a fraction of a unit) which should be credited to that person, and that person shall be deemed to be a contributor for that number of units, but is not required to make contributions in respect of those units.
“(6.) An amount paid by a person to the Board in pursuance of an election under sub-section (4.) of this section—
(
a ) shall be paid into and form part of the Fund; and(
b ) shall, for the purposes of this Act, be deemed to be contributions made by that person to the Fund.”.
(2.) Notwithstanding the last preceding sub-section, a person who was a contributor to the Provident Account immediately before the commencement of this section continues to be such a contributor, but may cease to be such a contributor under the provisions of the Principal Act as amended by this Act.
“(5.) Where a contributor to the Provident Account is on leave of absence without pay otherwise than on the ground of illness—
(
a ) if the leave is not required, under the conditions of his employment, to be treated as not forming part of the period of his service—he is liable to pay the contributions that he would have been liable to pay if he had not been absent; and(
b ) in any other case—he is not liable or entitled to pay contributions during the period of leave.”.
“60aca. Notwithstanding anything contained in any Act, where a contributor to the Provident Account—
(
a ) resigned from the Public Service of the Commonwealth in order to become a candidate for election as a member of any House of the Parliament of the Commonwealth or of a State;(
b ) was a candidate at the election;(
c ) failed to be elected; and(
d ) is re-appointed to the Public Service of the Commonwealth on application made within two months after the declaration of the result of the election or dies before the expiration of that period,
he shall, for the purposes of this Part, be deemed to have continued in his previous employment in the Public Service of the Commonwealth up to the date of his re-appointment or death, as the case may be, and to have received salary accordingly.”.
“(3.) Where an amount referred to in sub-section (1.) of this section is paid to the Board, the Commonwealth Actuary shall certify the number of fully paid units (including, where necessary, a fraction of a unit) which should be credited to the contributor, and the contributor shall be deemed to be a contributor for that number of units, but is not required to make contributions in respect of those units.”.
“(2.) A person appointed under the last preceding sub-section to fill a vacancy in the office of a member of the Board elected by contributors shall be a contributor elected by contributors in the manner specified by the Minister by the notice published in pursuance of subsection (1.) of section sixty-one of this Act.
“(3.) Where there is a vacancy to which the last preceding subsection applies, the Governor-General may, pending the holding of an election, appoint a contributor to hold the vacant office temporarily and a member so appointed shall hold office until the appointment of a member in accordance with that sub-section or until the expiration of a period of twelve months after the occurrence of the vacancy, whichever first happens.”.
two of the scale contained in sub-section (1.) of section thirteen of the Principal Act opposite to the salary-group within which the salary of the contributor fell immediately before that date, the contributor may, within twelve months after that date, elect to increase the amount of his contribution so as to entitle him to units of pension not exceeding the number specified in column two of the scale contained in sub-section (1.) of section thirteen of the Principal Act, as amended by this Act, opposite to the salary-group in which his salary fell at the date of commencement of this section.
(2.) An election under the last preceding
sub-section shall not have effect unless, within six months after the date of
the election, the contributor satisfies the Board that he is not suffering from
any physical or mental defect (not being a defect which, in the opinion of the
Board, is the result of the service of the contributor as a member of the
Forces as defined by sub-section (2.) of section eighty C of the
(3.) Any increased contribution payable in pursuance of sub-section (1.) of this section is payable as from the date of the election, but where that date is not a pay-day the increased contribution is payable as from the next following pay-day.
(
a ) if the contributor had attained the age of forty years before the date of commencement of this section—he may, within twelve months after that date, elect to increase the amount of his contribution so as to entitle him to units of pension not exceeding the number specified in column two of the scale contained in sub-section (1.) of section thirteen of the Principal Act, as amended by this Act, opposite to the salary-group within which his salary fell on that date; or(
b ) if the contributor had not attained the age of forty years before the date of commencement of this section—he shall increase the amount of his contribution so as to entitle him to units of pension to the number specified in column two of the scale contained in sub-section (1.) of section thirteen of the Principal Act, as amended by this Act, opposite to the salary-group within which his salary fell on that date.
(2.) Where a contributor who makes an election
under paragraph (
up to a number not exceeding the excess of that
maximum number over the number of units for which he was a contributor, shall
not have effect unless, within six months after the date of the election, the
contributor satisfies the Board that he is not suffering from any physical or
mental defect (not being a defect which, in the opinion of the Board, is the
result of the service of the contributor as a member of the Forces as defined
by sub-section (2.) of section eighty c of the
(3.) Where a contributor who makes an election
under paragraph (
(4.) Any increased contribution payable in
pursuance of paragraph (
(
a ) in respect of a child;(
b ) under section twenty-nine a or twenty-nine b of the Principal Act; or(
c ) under section fifty-seven of the Principal Act, other than a pension for which contributions were made to a State Fund as defined in section sixty an of the Principal Act,
is increased by one-sixth.
(2.) The amount of pension payable to a person who was, immediately before the date of commencement of this section, in receipt of, or entitled to, a pension under the Principal Act in respect of a child shall be increased by Six pounds ten shillings per annum.
(3.) The Commonwealth shall pay to the Fund the
amounts by which pensions are increased
(4.) Where an amount is paid by the Commonwealth under this section to the Fund in respect of a person who was employed by an approved authority, the approved authority shall pay to the Commonwealth the amount so paid and may apply for that purpose any moneys under the control of the approved authority.
(2.) Where male person whose name is specified in
the first column of the Schedule to this Act dies and is survived by a widow
(being his wife at the date of his retirement), the provisions of section
thirty-two of the
(3.) Payment of a pension to a female person whose
name is specified in the first column of the Schedule to this Act is subject to
the same conditions as apply in the case of a pension payable to the widow of a
pensioner under the
(4.) The Commonwealth shall pay to the Fund—
(
a ) in respect of each payment of pension made from the Fund to a person whose name is specified in the first column of the Schedule to this Act—an amount at the rate specified in the third column of that Schedule opposite to the name of that person; and(
b ) in respect of each payment of pension made from the Fund to the widow of any of those persons—an amount at a rate equal to one-half of the rate specified in the third column of that Schedule opposite to the name of that person,
and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly.
(5.) The provisions of section fifty a of the
(6.) Section twenty-eight of the
THE SCHEDULE. Section 29.
First Column. | Second Column. | Third Column. | ||||
Name of Pensioner. | Rate of Pension Per Annum. | Amount Payable per Annum by the Commonwealth to the Fund. | ||||
£ | £ | |||||
Adams, Gerald Robert Lloyd.................................................... | 570 | 5 | 4 | 471 | 0 | 0 |
Boyle, Henry Noel................................................................... | 786 | 15 | 5 | 637 | 0 | 5 |
Durant, Herbert Frederic Henry................................................. | 547 | 10 | 4 | 455 | 1 | 4 |
Ellison, Edward Burnett............................................................ | 455 | 0 | 0 | 356 | 1 | 11 |
Heward, Frank Lowe................................................................ | 526 | 14 | 2 | 433 | 4 | 7 |
Hilless, William Henry............................................................. | 541 | 14 | 9 | 446 | 9 | 9 |
Hoad, Oswald Vick.................................................................. | 728 | 0 | 0 | 565 | 9 | 9 |
Hoare, Harold Murphy............................................................. | 438 | 4 | 4 | 343 | 16 | 10 |
Hurst, Rupert John Rostron....................................................... | 538 | 17 | 10 | 444 | 10 | 4 |
Huxtable, Cyril William........................................................... | 839 | 17 | 1 | 668 | 2 | 1 |
Meredith, Gwynydd Purves Wynne Aubrey............................... | 558 | 15 | 6 | 430 | 17 | 0 |
Morris, Basil Moorhouse.......................................................... | 688 | 19 | 6 | 533 | 15 | 9 |
Richardson, Lyall..................................................................... | 697 | 17 | 2 | 567 | 2 | 8 |
Russell, John Henry................................................................. | 684 | 0 | 4 | 546 | 18 | 1 |
Smart, Edward Kenneth............................................................ | 693 | 2 | 4 | 551 | 14 | 4 |
Stoyles, Arthur Martin.............................................................. | 597 | 13 | 5 | 487 | 12 | 2 |
Thomson, Alan Gilbert............................................................. | 550 | 5 | 4 | 452 | 5 | 11 |
Tinsley, Walter Noel................................................................ | 646 | 13 | 5 | 533 | 8 | 5 |
Urquhart, Walter James............................................................ | 593 | 11 | 4 | 466 | 6 | 8 |
Weavers, Thomas Edgar........................................................... | 679 | 9 | 4 | 543 | 13 | 7 |
Wells, Frank Elwyn.................................................................. | 486 | 3 | 0 | 378 | 13 | 0 |
White, Aubrey Philip Oscar...................................................... | 583 | 18 | 4 | 480 | 8 | 4 |
Moore, Elsye Maude (widow of Paterson Lisle Moore).............. | 277 | 3 | 9 | 215 | 11 | 4 |
Plant, Oona Hunter (widow of Eric Clive Pegus Plant)............... | 357 | 3 | 6 | 281 | 14 | 6 |
0
0
0