Superannuation (Amendment) Act 1919 (NSW)

SUPERANNUATION (AMEND-

MENT) ACT.

Act No. 30, 1919.

An Act to amend the law with respect to superan- nuation allowances, pensions, and gratuities ; to amend the Superannuation Act, 191(5, the Superannuation (Amendment) Act, 1918, and the Acts relating to the Public Service ; and for purposes consequent thereon or inci- dental thereto. [Assented to, 12th December, 1919.J

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

AVales in Parliament assembled, and by the authority of the same, as follows :—

1 . This Act may be cited as the "Superannuation (Amendment) Act, 1919." 2 .

2 . The Superannuation Act, 1916, as amended by

the Superannuation (Amendment) Act, 1918, is herein­
after in this Act referred to as the Principal Act.

3.   The Principal Act is amended as follows :—

(a) In section two after " P a r t I I " omit " T h e

State Provident F u n d " insert " T h e State

Superannuation Fund."

(b) In section three :—

(i)   In the definition of " Board " omit " State Provident Fund Management Board " insert

" State Superannuation Board."

(ii)   In the definition of " employee " add at the end of the definition the words " or a person who is paid at hourly, daily, weekly, or fort­ nightly rates, or by piece-work."

(iii) In the definition of " The F u n d " omit

" State Provident F u n d " insert " State

Superannuation Fund."

(c) In the short heading under " Part II " omit " T h e State Provident F u n d " insert " T h e

State Superannuation Fund," and in subsection

one of section four omit " State Provident Fund " insert " State Superannuation Fund."

(d) In section eleven :—

(i)   In subsection one add the following provisos at the end of the subsection :—

Provided also that where the wife of an
employee is also an employee the board may
on her application made within three months

after the commencement of the Superannua­

tion (Amendment) Act, 1919, or from the date of the commencement of her employ­ ment or from the date of her marriage where such employment commences or such marriage takes place after the commence­ ment of the said Act, reduce the number

of units in respect of which she shall con­

tribute or exempt her from contributing
under this Act,

Provided further that where a person who
is also an employee is entitled by the terms
of

of his engagement but not as an employee

within the meaning of this Act to a special pension on retirement from his employment, then if the value as actuarially determined of such pension equals or exceeds the value so determined of the pension under this Act

for which he would, but for this proviso, be

entitled to contribute, he shall not be entitled to contribute under this A c t ; but

if the value as so determined of such

pension is less than the value so determined

of the said pension under this Act he shall

only be entitled to come under this Act

for the purpose of the difference.

(ii)   In subsection two, paragraph (c), subpara­

graph (c), omit " o r " insert " a n d "

(e) In section twelve :—

(i)   In paragraph (c), clause (ii), after "may" insert "elect within the said twelve months t o " ; and before " two and a h a l f " insert

" two or."

(ii)   In paragraph (c) omit clause (iii) and insert new clause :—

(iii)   He may elect within the said twelve months to contribute for additional units in accordance with the prescribed table according to salary at rate for

age, but so that the total number of
units for which he contributes shall

not at any time exceed six, or the number which under this section is

set out in respect of his salary;

whichever number is the less ;

(iii)  At the end of paragraph (e) add the following proviso:—

Provided that an election under this paragraph shall be invalid if made after the passing of the Superannuation (Amendment)

Act, 1919, and within six months prior to

the date of his retirement on the ground of physical or mental incapacity to perform

his

his duties, or within six months prior to the date of the commencement of leave of

absence preparatory to such retirement.

(iv)  after paragraph (e) add the following new paragraphs :—

(f)	When in any case the salary of an employee fluctuates between two or more of the salary groups set out in this section, the board may, notwith­ standing section thirteen, allow him to contribute for the number of units prescribed for any of such salary groups.
(g)	If the widow of an employee is or

becomes an employee she may elect to come under the proviso in this para-

graph, in which case she shall not be compelled to contribute for more than one unit, but may contribute for such number of units as she thinks fit, not being more than the number of units prescribed under this section for her salary.

Where the husband died before the commencement of the Superannuation (Amendment) Act, 1919, and the widow was an employee at such commencement, she shall so elect within three months after such com­ mencement.

an employee at the time of such death,

commencement, and the widow was Where the husband died after such

she shall so elect within three months

after such death.

In any other case such widow shall

so elect within three months after the

commencement of her employment.

(h)	Contributions for additional units on account of an increase of salary shall take effect from the first day of the month in which the increased rate of
salary is actually paid. (f)

(f) In subsection one of section eighteen omit

" employee " insert " employer."

(g) Insert the following new subsections next after subsection one of section twenty-one :—

(1A) Where such woman contributor was at the commencement of this Act of or over the age of fifty-five years, and elects to

come under this subsection, she shall pay
twenty-four contributions before she retires, or

before the thirtieth day of June, one thousand
nine hundred and twenty, whichever occurs

first. On such payment being so completed,

she shall on retiring from the service of her employer be entitled to the pension for which she has contributed.

(1B) Every man contributor who has

served for at least thirty-five years with any one or more employers shall be entitled to

elect to retire from the service of his employer
upon or after reaching the age of fifty-five years on the pension hereinafter in this Act provided.

(h) In section twenty-seven add at the end thereof the following new subsection : —

(2) On the retirement of a contributor who, under subsection (1B) of section twenty-

one, elects to retire upon or after reaching the

age of fifty-five years, the pension to which he

actuarial equivalent of the contributions paid is entitled under that subsection shall be the by him and in respect of him up to the time

of his retirement.

(i)   In section thirty-four :—

(i) In subsection one insert after " ten years " the words " before the commencement of

this Act ."

(ii)   In the same subsection omit the words " and

before the commencement " where secondly

occurring in the subsection.

(iii)

(iii)   Insert at the end of subsection one the

following:—

Provided that where such employee had,

before the passing of this Act, retired or been

permitted to retire, and on such retirement had received a pension or gratuity under the Civil Service Acts, and at the time of the passing of this Act is again in the

Public Service and again retires or is per­

mitted to retire, his pension on such second retirement shall be of a value equal to the

difference between the value of the pension

in accordance with salary not exceeding four units as above provided, and the value at the time of his first retirement of the pension or gratuity to which he then became entitled, provided that the latter is the less.

(iv)  In subsection three omit "such pension" insert " any pension under this section."

(v)  In subsection (3A) : Omit the words " after the passing " and insert the words " after the

first day of January, one thousand nine,

hundred and fourteen" ; and at the end of the subsection add the following proviso:—

Provided that a pension under this sub-

section shall not be payable for any period

prior to the passing of this Act.

(vi)   After subsection 3A insert a new sub-

section as follows :—

(3B) The last preceding subsection shall apply where the employee has at the com­ mencement of this Act attained the age of

sixty years, and has served for at least ten

years, and dies after such commencement
while in the service of his employer.

The amendments of section thirty-four con­

tained in this paragraph (i) shall be deemed to have taken effect as from the commence­ ment of the Principal Act.

(j) In section thirty-six omit "whole services" insert "whose services"

(k) In section fifty-four, subsection three, add a new paragraph as follows, which new paragraph shall be deemed to have been in force at the commencement of the Principal A c t : —

(d) The contributions shall be payable as from the first day of the month in which the employee elects as aforesaid.

(1) I n section fifty-five, subsection one, paragraph

(b), omit the words " which is commutable as

hereinafter provided for new rights in respect
of a less number of units than would, be

applicable as aforesaid."

(m) In section fifty-five, subsection two, add a new paragraph as follows, which new paragraph shall be deemed to have been in force at the commencement of the Principal A c t : —

(c) The contributions shall be payable as from the first day of the month in which the employee elects as aforesaid to come under this Act for the limited purpose.

(n)	At the end of subsection one of section fifty-six add the following :—" In no case shall the pension under this section exceed the annual rate of the salary paid at date of retirement."
(o)	After subsection three of section fifty-six insert new subsection :—

(3A) Subsection two of section thirty-five shall apply to any pension payable under this

section.

(p)	In subsection one of section 57A omit " with-

out paying any contribution to the fund" insert " W h e r e the employee was of or over the age of sixty years at the commencement

of this Act no contribution shall be payable to

the fund."

(q) In section sixty-one :—

(i)   Omit " after the expiration of two years from the commencement of this Act ."

(ii)   Omit "to a person named by the board" and insert the words " (if unencumbered) to the board or to a person approved by the

board." (r)

(r) In section sixty-four omit the word " and " in the expression " and may from time to time

be determined," and insert in lieu thereof the

word " a s . "
(s)	In section seventy omit " State Provident Fund Management Board" insert " State Superannuation Board."
(t)	In section seventy-six omit " deliberate " insert the word " deliberative."
(u)	After section eighty-four insert the following new section :—

84A. In addition to the powers and duties conferred and imposed on the board by this

Act, the administration of such of the pro­

visions of the Civil Service Act, 1884, and of the Public Service Acts as relate to super- annuation allowances and gratuities, and with refunds and interest thereon under those Acts,

is hereby vested in the board.

(v)   In Schedule I, Table B, insert in the second column opposite the figures 55 in the first column the figures " 13 14 6."

(w) In Schedule III add the following at the end of the Schedule:—" The trustees of the Australian Museum."

4 .     Section three of the Superannuation (Amendment)

Act, 1918, is amended by adding at the end thereof the

words " or shall apply where such superannuation allowance is a pension granted on retirement under

section thirty-seven of the Superannuation Act, 1916 , "	or shall apply to a pension payable under the said Act
to a widow in respect of children.

H O U S I N G