Superannuation (Amendment) Act 1951 (NSW)
SUPERANNUATION (AMENDMENT) ACT.
Act No. 53, 1951.
An Act to increase the amount payable by way George vi.
of pension to employees under the Superan nuation Act, 1916, as amended by subsequent Acts; to make certain provisions in relation to the State Superannuation Fund; for these and other purposes to amend the said Act, as so amended, the Superannuation (Amendment) Act, 1930, and certain other Acts; and for purposes connected therewitJi £ Assented to, 28th December, 1951,]
BE
364 Superannuation (Amendment) Act.
| No, 63, 1951. | 1 3 E it enacted by the King's Most Excellent Majesty, |
| f j by and with the advice and consent of the Legis | |
| lative Council and Legislative Assembly of New South. Wales in Parliament assembled, and by the authority o£ the same, as follows :— |
| S h orttitie , | 1. | ( 1 ) | This Act may be cited as the “ Superannuation |
:insStion (Amendment) Act, 1951” .
and com
| mencement. | (2) This Act shall be read and construed with the- Superannuation Act, 1916, as amended by subsequent Acts, in this Act referred to as the Principal Act. |
| (3) The Principal Act, as amended by this Act, may be cited as the Superannuation Acts, 1916-1951. | |
| (4) This Act shall, except where otherwise- expressly provided, commence upon the first day of January, one thousand nine hundred and fifty-two. |
| Increase of | 2 . | Where any pension, other than a pension payable |
| rates of |
| c-ertain | in respect of a child, is at the commencement of this Act. |
| j)ensions | payable to, or after such commencement becomes payable |
| under | |
| Principal | to, any person under the Principal Act such pension shall,, |
| Act. | as from such commencement or as from the date upon, which such person becomes entitled to such pension, as the case may be, be increased by one-fifth or by twenty-six pounds per annum, whichever is the greater, and any reference in the Principal Act to any such pension shall be read and construed as a reference to such pension as so increased. |
| A aaitional | 3 . | (1) | (a) At each payment of salary of a contributor, |
| payment t>y |
| employees | after the twelfth day of January one thousand nine |
| o f increase | |
| iTi respect | hundred and fifty-two the employer shall, in addition ta |
| in rate of | any contribution which the employer is required to deduct |
| pension. | pursuant to section twenty of the Principal Act, deduct from such salary an amount equal to one-tenth of the contribution deducted pursuant to that section. |
| (b) Any amount deducted pursuant to this subsection shall be paid withoul deduction for postage, forwarding, or exchange, to the Board for payment into the fund. |
(2)
| Superannuation (Amendment) Act. | 365 |
(2) (a) Where any contribution is payable by a ô. 53, 1951.
contributor pursuant to section nineteen of the Principal Act and such contribution is not deducted by the employer pursuant to section twenty of the Principal Act, the contributor shall, in addition to the contribution payable by him pursuant to section nineteen of the Principal Act, be liable to pay to the fund an amount equal to one-tenth of the contribution so payable.
Such amount shall become due when the contribution becomes due.
(b) Any amount payable under this subsection which is unpaid on the duo date shall bear interest at the rate of three and one-half per centum per annum from such due date until the date of payment:
Provided that the Board may, in case of hardship, waive payment of such interest.
| (c) The Board may recover from the contri butor any amount due to the fund under this subsection and unpaid together with interest thereon in any court of competent jurisdiction. | ■ |
| (3) For the purposes of this Act and the Princijial Act, any amount deducted from the salary of a conti’i- butor pursuant to subsection one of this section or paid to the fund by a contributor pursuant to subsection two of this section shall be deemed to be contributions made to the fund by that contributor. |
| 4 . | (1) Where on and after the commencement of this | Additional |
| payment by |
| Act any pension is payable under the Principal Act to a | employers in |
| pensioner or to the widow of a deceased pensioner or | increase in |
| respect of | |
| oontributor, or where after such commencement any | rate of |
| pension becomes payable under the Principal Act to a | pension, &c. |
| pensioner or to the widow of a deceased pensioner or eontributor and the pensioner or deceased pensioner or ■contributor had, at such commencement, ceased to make contributions to the fund, the employer in whose service such pensioner or deceased pensioner was employed at the date of his retirement or retrenchment or in whose service such contributor was employed at the date of his death shall pay to the fund at monthly or such other intervals as may be determined by the Board and on the requisition of the Board an amount equal to the difference |
between
366 Superannuation (Amendment) Act.
Mo. 68.1951. between the amount of the pension so payable and the
amount of pension which would have been so payable
had section two of this Act not been enacted.
(2) (a) Where after the commencement of this Act
any pension becomes payable under the Principal Act
| • | to a pensioner or to the widow of a deceased pensioner or contributor and the pensioner, deceased pensioner or contributor was, at such commencement, making contri butions to the fund, the employer in whose service such pensioner or deceased pensioner was employed at the date of his retirement or retrenchment or in whose service such contributor was employed at the date of his death shall pay to the fund at monthly or such other intervals as may be determined by the Board and on the requisition of the Board the amount by which the pre scribed amount exceeds the amount of pension determined by the Board to be the actuarial equivalent of contribu tions made to the fund by the pensioner or deceased pensioner or contributor pursuant to section three of this- Act. |
| (b) In this subsection “ prescribed amount’V in relation to a pension, means an amount equal to the- difference between the amount of the pension payable- under the Principal Act and the amount of pension which would have been so payable had section two of this Act not been enacted. | |
| (3) This section shall not apply in respect of any pension payable under the Principal Act which is wholly payable out of the Consolidated Revenue Fund or the funds of the employer nor in respect of any pension wholly payable out of the fund and in respect of which the fund is wholly repaid or wholly recouped by the Consolidated Revenue Fund or the employer. | |
| (4) Where on retrenchment a contributor chooses a lump sum payment as described in paragraph (a) of sub section one of section thirty-seven of the Principal Act,, the employer shall pay to the fund a sum equal to the amount of the contributor’s contributions to the fund pursuant to section three of this Act. | |
| (5) Any amount payable under this section shall be in addition to any contribution or other payment which |
the
| Superannuation (Amendment) Act. | 367 |
the employer may be required to make under the Principal Act or under the Superannuation (Amend ment) Act, 1930, as amended by subsequent Acts.
Amendment
| 5 . (1) The Principal Act is amended— | of Act No. 28,1916. |
| (a) by omitting from subsection one of section 1 7 b | Sec. 17b. |
| the words “ payments are repaid to the fund | payment by |
| (Additional | |
| from the (consolidated Revenue Fund or by the | employers |
| emploj^er” and by inserting in lieu thereof the | in respect of increase |
| words “ the fund is wholly repaid or wholly | in pension |
| recouped by the Consolidated Revenue Fund or | unit value. ̂ |
| the employer” ; |
| (h) | by inserting at the end of the same section the following new subsection:— |
(3) The liability of employers to make pay ments to the fund pursuant to this section shall be calculated as if section two of the Super annuation (Amendment) Act, 1951, had not heeu enacted.
(2) The Superannuation (Amendment) Act, 1930, Amendment
| as amended hy subsequent Acts, is amended by inserting | 1930.°' |
at the end of section two the following new subsec- sec. 2.
| tion:— | (Payments- |
| ( 7 ) | The liability of the Government of New South by certain |
Wales, the Maritime Services Board of New South employers.) Commission to make payments to the fund pursuant to this section shall be calculated as if section two of the Superannuation (Amendment) Act, 1951, had not been enacted.
(3) The amendment made by paragraph (a) of subsection one of this section shall be deemed to have commenced upon the first day of April, one thousand nine hundred and forty-eight.
| 6. (1) The Principal Act is further amended— | Further amendment of Act No. 28,1916. |
| (a) by inserting in subsection one of section 5 a after the word “ payments” the words “ other than | Sec. 5a. (Certain |
| share |
| the liability arising from the investment in | invest ments |
| shares which are subject to a call or calls within | authorised.) |
| , | a limited period” ; | (b) |
368 Superannuation (Amendment) Act.
| JNo. 53, 1951. | (b) (i) by omitting from subsection one of section |
| Sec. 11. | eleven the words “ the date of the commence |
| (W hen to | ment of his employment” wherever occur |
| commence.) | ring and by inserting in lieu thereof the words “ the first day of the month or four weekly contribution period, as the case may be, in which his employment commences ’ ’; |
(ii) by omitting from subsection two of the same section the words ‘ ‘ Such contributions shall cease to be paid when the contributor ceases to be employed by the employer, or reaches the age of sixty years, whichever first happens” and hy inserting in lieu thereof the words “ Such contributions shall cease to be paid on the first day of the month or four-weekly contribution period, as the case may be, in which the contributor ceases to be employed by the employer or dies or reaches the age of sixty years or retires, whichever first happens ’ ’;
(iii) by omitting from paragraph (a) of the proviso to the same subsection all words after the word “ fifty-five” and by inserting in lieu thereof the words ‘ ‘ she shall cease to contribute on the first day of the month or four-weekly contribution period, as the case may be, in which she ceases to be employed by the employer or dies or reaches that age or retires, whichever first happens” ;
(iv) by omitting from paragraph (b) of the same proviso all words after the word “ fifty-five” and by inserting in lieu thereof the words “ she shall cease to contribute on the first day of the month or four-weekly contribu tion period, as the case may be, in which she ceases to be employed by the employer or dies or reaches the age of sixty years or retires, whichever first happens” ;
| Sec. 12. | (c) (i) by omitting subparagraph (iv) of paragraph |
| (Exemption |
| from con | (b) of the proviso to subsection one of |
| tributing .) | section twelve; |
(ii)
| Superannuation (Amendment) Act. | 369 |
| • | (ii) by omitting from paragraph (d) of the same proviso the words “ may be exempted from contributing for more than two units of pension” and by inserting in lieu thereof the words “ may be exempted from con tributing to the fund” ; | 53, 195i> |
(iii) by omitting from paragraph (g) of the same proviso the words “ she may elect to come under the proviso in this paragraph, 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” and by inserting in lieu thereof the words ” she may elect not to contribute to the fund or to reduce the number of units in respect of which she shall contribute to the fund” ;
(d) (i) hy inserting next after subsection (1a) of Sec. 15.
section fifteen the following new subsec-
| ■(;jQn ; | butions in |
| ’ | Schedule I . J |
(1 b ) Until other tables of contributions are prescribed as hereinafter provided the tables of contributions for men and women according to the ages set out in Schedule V shall be in force and shall apply to both employees and employers.
Contributions in accordance with the tables set out in such Schedule shall be made in respect of—
| (a) | additional units of pension the con tributions for which commence on or after the first day of January, one thousand nine hundred and fifty-two, and are paid by or in respect of employees who were contributors before that date; |
(b)
370 Superannuation (Amendment) Aet.
| (b) | all units of pension the contribu tions for which commence on or after the first day of January, one thousand nine hundred and fifty-two, and are paid by or in respect of employees Avho become contributors after that date. |
Except in relation to contributions for men and women according to the ages set out in Schedule V and to the extent to which those contributions are dealt with by this subsection and that Schedule, this subsec tion and that Schedule do not affect the operation of subsection (1 a ) of this section or Schedule IV.
(ii) by omitting from paragraph (a) of subsec tion two of the same section the words “ or Schedule IV ” and by inserting in lieu thereof the words ‘ ‘ Schedule IV or Schedule V ” ; i
| jSee. 15a. | (e) (i) by omitting from paragraph (a) of subsec- tion five of section 1 5 a the words “ a con tributor who has contributed for at least one year for any reserve units becomes eligible to or is required to contribute for one or more additional units of pension in pursuance of the provisions of this Act” and by inserting in lieu thereof the words “ a contributor ŵ ho has— |
| (Eeserve |
(i) contributed for at least ten years for any reserve units, or contributed for at least one year for any reserve
| ■ | units and has attained the age of fifty years, becomes eligible to or is required to contribute for one or more additional units of pension in pursuance of the provisions of this Act; or |
(ii)
| Superannuation (Amendment) Act. | 371 |
(ii) contributed for at least one year for any reserve units and has had his salary increased so that he becomes eligible to or is required to contribute for the maximum number of units of pension in pursuance of the provis ions of this Act” ;
(ii) by omitting from paragraph (a) of subsec tion six of the same section all words after the words “ as the case may be” and by inserting in lieu thereof the words “ Where the contributor has contributed in respect of such reserve unit or units for at least ten years, he shall be paid, in addition, interest on those contributions compounded annually at the specified rate from the respective dates of payment” ;
(iii) by omitting from paragraph (b) of the same subsection all words after the words “ the amount of his contributions to such account” and by inserting in lieu thereof the words “ Where the contributor ceases to be an employee by reason of his death, there shall be paid, in addition, interest on those contributions compounded annually at the specified rate from the respective dates of payment” ;
(iv) by omitting from paragraph (h) of subsec tion eight of the same section all words after the word “ fund” and by inserting in lieu thereof the words “ a lump sum equal to the amount (including interest) appropriated under paragraph (a) of subsection five of this section in respect of such additional unit. Thereafter the employer shall, subject to the provisions of section sixteen of this Act, contribute to the fund in respect of such additional unit of pension at the rate at which he would have been required so to contribute if the employee had become eligible for and had taken up such additional
unit
372 Superannuation (Amendment) Act.
| No. 53, 1951. | unit of pension at the date upon which he elected to make the reserve unit contribu tions appropriated to such additional unit” ; |
| Sec. 16. |
| (When con | (f) (i) by omitting from subsection two of section |
| tributions | sixteen the word “ service” where firstly |
| to com | occurring and by inserting in lieu thereof |
| mence.) | the word “ contributions” ; |
(ii) by omitting from the same subsection the words “ service commences” and by insert ing in lieu thereof the words “ the employee’s contributions commence” ;
| Sec. 45. | (g) by omitting from section forty-five the word |
| (Pensions |
| payable | “ twenty-six” and by inserting in lieu thereof |
| monthly.) | the word ‘ ‘ twenty-four ’ ’; |
| Sec. 94. | (h) by inserting in section ninety-four after the |
| (Person |
| entitled | word “ State” "wherever occurring the words “ or |
| to pension | of the Prince Henry Hospital” ; |
| subse quently employed | |
| in PubUo Service.) |
| Kew Sch. V. | (i) | by inserting next after Schedule IV the following new Schedule— |
SCHEDULE V.
T able A.—M en.
Contributions by Employees—Payable Four-weehly.
Betirement at Sixty.
First £65 p.a. to
| man, £32 10s. p.a. | Subsequent incre | |
|
| Age next birthday. | to widow, £26fp.a. | ||
|
| age 16. | to widow. |
| 56 to 60 | £298 | n* | £294 | -r | n* | 56 to 60 |
*n Denotes the number of complete four-weekly contributions
payable before attainm ent of age 60.
t Of this amount of £26, £13 is payable by the employer under
section 17a, and the contribution includes half-cost of the balance.
T a b l e
| Landlord and Tenant (Amendment) Act. | 373 |
| T able B.—W omen. | No. 53, 1951. |
ijontrihutions hy Employees for each £65 per annum—Payable
Four-weeldy.
Age
| Age next birthday. Retirement a t 55. | Retirement at 60. | next birthday. |
| £ | s. | d. |
| 51 | £334 -b n* | 2 | 5 | 6 | 51 |
| 52 | £334 4- n* | 2 12 | 0 | 52 | |
| 53 | £334 -b n* | 3 | 0 | 2 | 53 |
| 54 | £334 -b n* | 3 | 11 | 2 | 54 |
| 55 | £334 -b u* | 4 | 6 | 6 | 55 |
| 56 to 60 | £293 | n* | 56 to 60 |
*n Denotes the number of complete four-weekly contributions p.uyable before attainm ent of the m aturity ago (55 or 60, as the case may be).
(2) The amendment made by subparagraph (iv) of paragraph (e) of subsection one of this section shall be deemed to have commenced on the first day of July, one thousand nine hundred and forty-eight.
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