Superannuation (Amendment) Act 1969 (NSW)
SUPERANNUATION (AMENDMENT) ACT.
| jgetd | Males; |
ANNO OCTAVO DECIMO
ELIZABETH/E II REGINiE
* * * * * * * * * * * * * * * *
Act No. 72, 1969.
An Act to make further provisions with respect to the State Superannuation Fund and the payment o f contributions thereto and o f pensions therefrom; for these and other purposes to amend the Super annuation Act, 1916; to validate certain matters; and for purposes connected therewith. [Assented to, 27th November, 1969.]
BE
Superannuation {Amendment).
No. 72, 1969 T>E it enacted by the Queen’s Most Excellent Majesty, by
-D and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parhament assembled, and by the authority of the same, as follows:—
| Short title. | 1 . This Act may be cited as the “Superannuation |
(Amendment) Act, 1969”.
| Amendment | 2. | (1) The Superannuation Act, 1916, is amended— |
| of Act No. 28. 1916. |
| Sec. 5. | (a) | (i) by omitting paragraphs (b l) and (c) of sec |
| (Investment |
| of fund.) | tion five and by inserting in lieu thereof the following paragraph :— |
| (c) | in the manner authorised by sections |
5a and 5b of this A ct;
(ii) by omitting from paragraph (cl) of the same section the word “permanent” ;
(iii) by inserting at the end of the same paragraph the following proviso : —
Provided that any loan pursuant to this paragraph shall not exceed—
(i) in the case of a society within the meaning of the Co-operation, Com munity Settlement, and Credit Act, 1923, or the Permanent Building Societies Act, 1967, in respect of which the Treasurer has executed a guarantee under section three of the Government Guarantees Act, 1934, eighty per centum; or
(ii) in any other case, seventy per centum, of the value as certified by a valuer of the property mortgaged to the society in respect of which the loan is made, unless the amount
Superannuation (Amendment).
by which the loan exceeds eighty or seventy No. 72,1969 tor or indemnifier approved by the Minister.
per centum as aforesaid, as the case may be,
has been guaranteed or indemnified by the
Government of the Commonwealth or of the
(iv) by omitting paragraph (c2) of the same subsection;
(v) by omitting from the same section the words “Notwithstanding anything contained in any other Act the Valuer-General shall upon receipt of a request in writing from the Board furnish to the Board a valuation of the fair market price of the land or lease proposed to be purchased or acquired for the purposes of paragraph (c2) of this section which valuation shall represent the Valuer-General’s assessment of the price which a ready, willing and able but not an overanxious buyer would expect to pay for the land or lease.”
(b) (i) by inserting next after subsection ( I d ) of Sec. 5 a.
| section 5a the following new subsections :— (Certain | share |
investments
( I d a ) Where a company has acquired authorised.)
another company, such first-mentioned com pany shall be deemed to be a company in the debentures, debenture stock, preference stock, unsecured notes, ordinary or other stock or shares of which the Board may invest the fund or any part thereof under this section—
| (a) | if the company acquired is a company in which the Board has, or could have, invested in accordance with this section; or |
(b)
| Superannuation | (A mendment). |
| No. 72, 1969 | (b) if— |
(i) such first-mentioned company has not, for the purpose of complying with the provisions
of subsections ( 1 a ) , ( 1 b ) and
( Ic ) of this section (or such of them as the case may require) been in existence for any period required for such compliance; and
(ii) the profits, dividends and earning rates (or such of them as the case may require) of the company acquired in that portion of the relevant period preceding its acquisition and those of the acquiring company during its existence, taken together, would satisfy the requirements of subsections
( 1 a ) , ( 1 b ) and ( Ic ) of this
| section (or such of them as the case may require). |
| ( I d b ) | The Board may— |
| (a) | accept an offer of debentures, deben ture stock, preference stock, unsecured notes, ordinary or other stock or shares in a company where such offer is for the purposes of public listing on a stock exchange although the profits, dividends and earning rate of the com pany making the offer (or such of them as the case may require) do not comply with the requirements of sub sections ( 1 a ) , ( 1 b ) and ( Ic ) of this section (or such of them as the case may require) if such company has |
announced
Superannuation (Amendment).
announced its intention to acquire a No. 72, 1969
company in which the Board has, or could have, invested in accordance with this section;
| (b) | accept in exchange for the whole or part of the debentures, debenture stock, preference stock, unsecured notes, ordinary or other stock or shares held by the Board in a company— |
| (i) for | debentures, | debenture |
stock, preference stock, un secured notes, ordinary or other stock or shares in another com pany although the profits, divi dends and earning rate of the latter company (or such of them as the case may require) do not comply with the requirements of subsections
( 1 a ) , ( 1 b ) and ( Ic ) of this
section (or such of them as
the case may require); or
(ii) for debentures, debenture stock, preference stock, unsecured notes, ordinary or other stock or shares in a company being formed for the purposes of taking over another company in which the Board has or could have invested in accordance with this section.
(ii) by omitting from the definition of “debenture” in subsection two of the same section the words “paragraph (c) of section five” and by insert ing in lieu thereof the word and symbols “section 5b” ;
(c)
| Superannuation | (A mendment). |
| No. 72, 1969 | (c) by inserting next after section 5a the following new |
| New | section :— |
| sec. 5b. |
| Investment | 5b . (1 ) The fund or any part thereof, whether |
| upon |
| mortgages, | at the time in a state of investment or not, may be |
| purchase or | invested by the Board— |
| acquisition |
| of land. | (a) by way of loan to the Crown where the repayment of the loan is secured over land or otherwise as the Board determines; | |
|
(i) three-quarters of the value or the estimated value of the land certified or to be certified by the Valuer- General as hereinafter provided; or
(ii) two-thirds of the value or the estimated value of the land certified or to be certified by a valuer not being the Valuer-General;
| (c) | in the purchase or acquisition of land from the Crown which the Board has prior to completion of the purchase or acquisition contracted to lease; | |
| (d) | in the purchase or acquisition of any land from any person other than the Crown at a price not exceeding the value or the estimated value certified or to be certified by the Valuer-General as hereinafter provided, which land the Board has prior to completion of the purchase or acquisition contracted to lease. | |
|
referred to in paragraph (b) of subsection one of this section may exceed the amount which may be secured under subparagraph (i) or (ii) of the said paragraph, as the case may be, if the amount by
which
Superannuation {Amendment).
| which may be secured under the said subparagraph (i) or (ii), as the case may be, has been guaranteed or indemnified by the Government of the Commonwealth or of the State of New South | which the amount secured exceeds the amount No. 72, 1969 approved by the Minister. |
| (3) | The provisions of paragraphs (a) and |
(b) of subsection one of this section and of sub section two of this section have effect notwithstand ing anything contained in the Trustee Act, 1925, or any other Act.
(4) The Valuer-General shall, upon and in accordance with a written request by the Board, furnish in accordance with this section a certificate as to the value or estimated value of any land or lease of any land specified in that request.
(5) In making any valuation or estimate pursuant to subsection four of this section the Valuer-General shall have regard to such matters as in the opinion of the Board are relevant to the valuation or the estimate and shall apportion such valuation or estimate on an itemised basis as the Board requires.
| (6) | The Board may, notwithstanding any |
thing contained in this or any other Act in or in connection with the exercise of any of its powers under subsection one or two of this section, pay by instalments as it thinks fit the amount to be lent on mortgage of land or the purchase price or price of acquisition of land and in so doing may take into consideration—
| (a) | the cost to the mortgagor or the vendor of acquisition of the land; |
| (b) | the cost to the mortgagor or the vendor of any works of demolition; and |
(c)
| Superannuation | ( A mendment). |
| No. 72, 1969 | (c) | the cost to the mortgagor or the vendor of any improvements erected or in course of erection or to be erected on the land. |
|
land pursuant to subsection one of this section would not, but for this subsection, be authorised by the Crown Lands Consolidation Act, 1913, the transaction in accordance with subsection one of this section shall be deemed to have been so authorised.
(8) The person or body in whom land referred to in subparagraph (iii) of paragraph (b) of the definition of “land” in subsection nine of this section is vested shall be deemed to have power and authority to enter into any transaction whereby under subsection one of this section the fund or any part thereof may be invested.
(9) In this section, except in so far as the context or subject-matter otherwise indicates or requires—
“land” includes—
(a) freehold or leasehold land;
| (b) | (i) Crown land, | |
|
| Lands | Consolidation | Act, |
| 1913, and |
(iii) land (other than Crown land) vested in Her Majesty or Her Majesty for the purposes of any Act, the Governor of New South Wales, a Minister of the Crown, a Minister of the
| |||
| Authority or a Minister of the Crown for the purposes of any Act; |
(C>
Superannuation (^Amendment).
| (c) unimproved land; | No. 72,1969 |
| (d) | land with any or all improvements, fixtures, fittings, furnishings and equipment thereon; |
| (e) | land and any or all improvements, fixtures, fittings, furnishings and equipment to be erected or installed thereon; |
| (f) | land which has been subdivided under the Conveyancing (Strata Titles) Act, 1961; and |
| (g) | other stratified areas including air spaces; |
“Crown land” has the meaning ascribed thereto in the Crown Lands Consolidation Act, 1913.
| (2) | Any investment made by the Board or any act, |
matter or thing done in connection therewith before the com mencement of the Superannuation (Amendment) Act, 1969, that would have been valid had the amendments made by sub section one of this section been in force at the time such investment was made, or act, matter or thing was done, is hereby validated.
| 3. (1) The Superannuation Act, | 1916, is further Further |
amendment
| amended— | of Act No. 28, 1916. |
| (a) | subsection one of section three after the word “Act” (interpre- |
by inserting in the definition of “Contributor” in Sec. 3. pursuant to subsection two of section eleven of this Act” ;
| (b) | by omitting from subsection two of section nine the Sec. 9. words “five hundred thousand” and by inserting in (Borrow- | |
|
(c)
Superannuation {Amendment).
| No. 72, 1969 | (c) by omitting from subsection two of section 11a the |
| Sec. llA. | words “may refuse to accept such employee as a |
| (Medical | contributor otherwise than as a contributor for |
| examina | |
| tion.) | limited benefits.” and by inserting in lieu thereof the words “may— |
| (a) | refuse to accept such employee as a contributor; or |
| (b) | accept such employee as a contributor for limited benefits; or |
| (c) | postpone his acceptance as a contributor or as a contributor for limited benefits untD such time as the Board, having regard to the report of the Chief Medical Officer, determines. |
An employee accepted as a contributor or as a contributor for limited benefits pursuant to para graph (c) of this subsection shall make contribu tions as from the first day of the four-weekly contribution period in which he is accepted as such or as from such other day as the Board may in special circumstances allow.”
| Sec. 12a. | (d ) by inserting in subsection four of section 12a after |
| (Right to |
| contribute | the words “section 12b” the words “and section |
| after age 60 | 23b” ; |
| or, in certain | |
| cases, after | |
| age 55.) |
| Subst. | (e ) by omitting section 21a and by inserting in lieu |
| sec. 21a. | thereof the following section ;— |
| Commuting | |
| of certain | 21a . (1 ) (a) An employee or pensioner not less than sixty years of age who is married and who has contributed for a pension the value of which exceeds thirty-four dollars per fortnight, or where some other sum is prescribed, that other sum, may commute the whole or part of the amount by which the value of his pension exceeds thirty-four dollars per fortnight, or, where some other sum is prescribed, that other sum. |
| units. |
Where
Superannuation {Amendment).
Where husband and wife are both entitled to No. 72, 1969
commute in pursuance of the foregoing provisions of this subsection they may commute in such a manner as to provide that the total amount payable by way of pension to them per fortnight is not less than thirty-four dollars, or, where some other sum is prescribed, that other sum.
Where a married male person has com.muted his pension pursuant to this subsection his widow shall upon his death be entitled to a pension in accord ance with the provisions of this Act subject to the amount thereof being determined in accordance with the amount of pension which would have been payable to him at the time of his death had he not so commuted his pension.
(b) An employee or pensioner not less than sixty years of age who is a bachelor, widower, spinster, divorced person or widow and who has contributed for a pension the value of which exceeds twenty dollars per fortnight, or, where some other sum is prescribed, such other sum, may commute the whole or part of the amount by which the value of the pension exceeds twenty dollars per fortnight, or, where some other sum is prescribed, that other sum.
(c) A widow not less than sixty years of age in receipt of a pension under section thirty or section thirty-one of this Act may commute the whole or part of the amount by which her pension exceeds twenty dollars per fortnight, or, where some other sum is prescribed, that other sum.
No commutation shall be applicable in respect of a pension payable to a widow in respect of children.
(d) Where a widow is entitled to commute in pursuance of paragraphs (b) and (c) of this subsection she may commute in such a manner as to provide that the total amount payable
by
Superannuation {Amendment).
| No, 72, 1969 | by way of pension to her per fortnight is not less than twenty dollars, or, where some other sum is prescribed, that other sum. |
| (2) Any person desiring to commute pension pursuant to subsection one of this section may elect to do so after attaining the age of fifty- nine years. | |
| An election under this section may be made in respect of different amounts and as from different dates and the election shall have effect as to such different amounts as from the respective dates from which such different amounts are commuted. | |
| An election may upon application of a pensioner and with the approval of the Board be varied or amended and thereupon such election shall have effect in accordance with such variation or amendment. |
Where the person making the election dies—
| (a) | in the case of an election relating to the whole of the amount by which pension exceeds the prescribed sum or the sum specified in the election, before such election takes effect, the election shall be deemed to be revoked; or |
| (b) | in the case of an election relating to different amounts as from different dates as above referred to, before the commutation in respect of any such different amount takes effect, such commutation in respect of such different amount shall not be effective. |
Where the election takes effect and the person dies before any lump sum payable pursuant to such election has been paid to that person, the Board shall pay the lump sum to that person’s personal representatives
Superannuation {Amendment).
(3) Upon an election taking effect there No. 72,196^
shall be paid to the person making such an election or his personal representatives, as the case may require, a lump sum calculated by multiplying two hundred and fifty dollars or, in the case of a widow aged sixty-five years or more, such lesser amount as the Board may determine, by the number and fraction of dollars of the fortnightly amount of pen sion commuted and, where pension has been paid, by deducting from the lump sum an amount deter mined by the Board having regard to the amount paid in respect of that part of the pension commuted.
(4) The liability of an employer to make payments to the fund in respect of any amounts of pension commuted to lump sum in accordance with this section shall not be affected by the payment from the fund of the lump sum specified in sub section three of this section and the employer shall continue to make payments in respect of such amounts of pension so commuted as if those amounts of pension were paid in accordance with this Act.
| (f) | by inserting next after section 23a the following new New sec. section ; —• |
23b . (1) For the purpose of determining the Date of
rights of an employee under this Act, the date of contrlbu-*’
his retirement shall be the date on which in the tions pay-
opinion of the Board he ceases to be employed by
his employer.
| (2) | The right to contribute or to elect to |
contribute for an additional unit or units shall accrue only in respect of a salary increase actually paid to an employee on or before the date of his retirement as determined by the Board under subsection one of this section or death and shall cease and determine after that date.
(3)
Superannuation {Amendment).
| No. 72, 1969 | ( 3) Where an employee aged less than sixty years, or in the case of a female contributing at the rate prescribed for retirement at age fifty-five years, aged less than fifty-five years, elects to contri bute for additional units in respect of a salary increase actually paid on or after the date upon which contributions ceased to be paid in accordance with subsection two of section eleven of this Act then— |
| (a) | where contributions have ceased because the employee attains the age of sixty years, or in the case of a female contributing at the rate prescribed for retirement at age fifty-five years attains the age of fifty-five years, in the contribution period next following, the provisions of section 12a of this Act shall apply as if the employee had already attained the prescribed age referred to in that section; |
(b) in every other case—
(i) contributions equivalent to the amount due for one four-weekly contribution period in respect of the units for which the employee was contributing at the time his contribu tions ceased to be paid in accordance with subsection two of section eleven of this Act, and
| (ii) | contributions for such additional unit or units, |
shall be payable to the last day of the four weekly contribution period during which the date of retirement as aforesaid or death occurs.
(4) Notwithstanding anything contained in
this Act, sections 28a and twenty-nine excepted, or
any other Act, pension shall be payable, in the case
of
| Superannuation | (A mendment). |
of the death of an employee from the day following No. 72,1969
the date of death of the employee, and in the case
of the retirement of an employee the date of whose
retirement is determined by the Board in accordance
with this section from the day following such date.
| (g) (i) by inserting at the end of paragraph (b) of Sec. 29. subsection one of section twenty-nine the words (Retire | " | mcnt |
“or, if the Board so determines, to refund of through
a sum equal to his contributions to the fund” ;
(ii) by inserting in subsection (1a) of the same section after the word “Board” the symbols
( a ) ” ;
(iii) by inserting at the end of the same subsection the following word and new paragraph :—
; or
| (b) | due to his own fault, or due to causes existing at or before the date upon which he became a contributor and not disclosed at the medical examination under section 1 1a of this Act, he shall be entitled to such pension as is deter mined by the Board to be the equivalent of the contributor’s right in the fund or, if the Board so determines, to refund of a sum equal to his contributions to the fund; |
(iv) by inserting next after subsection (Id) of the same section the following new subsections :—
| ( le) | Subsections (1b ), ( I c ) and ( I d ) of |
this section shall not apply to a contributor for limited benefits who is retired on or after the commencement of the Superannuation (Amendment) Act, 1969.
( lf) If, after the commencement of the Superannuation (Amendment) Act, 1969, a contributor for limited benefits who has con tributed for at least five years is retired on the
ground
| Superannuation | ( A mendment). |
| No. 72, 1969 | ground of invalidity or physical or mental incapacity to perform his duties and, in the opinion of the Board, such invalidity or incapacity is not due to his own fault, he shall be entitled to a pension calculated as herein after provided in accordance with the table set out in Schedule XV to this Act. |
| ( lg) If, after the commencement of the Superannuation (Amendment) Act, 1969, a contributor for limited benefits who has con tributed for less than five years is retired on the ground of invalidity or physical or mental incapacity to perform his duties and, in the opinion of the Board, such invalidity or incapacity was— |
(a) not due to his own fault; and
(b) (i) disclosed at the medical examin ation of such contributor under section 11a of this Act; or
(ii) not due to causes (other than causes referred to in subpara graph (i) of this paragraph) existing at or before the date on which he became a contributor,
he shall be entitled to a pension calculated as hereinafter provided in accordance with the table set out in Schedule XV to this Act.
( l h ) Where at the date of commencement of the Superannuation (Amendment) Act, 1969, a person who was a contributor for limited benefits and who was retired on the ground of invalidity or physical or mental incapacity to perform his duties is receiving a pension which is less than that which would have been payable to him had he been entitled
thereto under subsection ( I f ) or (1g ) of this
section, the pension payable to such retired contributor shall be increased as from the first
day
Superannuation (Amendment).
day of the first fortnightly pension period No. 72, 1969
which commences on or after the date of such commencement to the amount of the pension which would have been so payable to him.
( l i ) For the purposes of subsections ( I f )
and (1g ) of this section pension shall be
calculated according to : —
| (a) | the number of units of pension for which contributions were made at the date of retirement; and |
| (b) | a reduced value for each of such units, such reduced value being that percent age of the value of the unit of pension as is ascertained by adding to fifty per centum a percentage equivalent to that which is obtained by multiplying the percentage shown in Schedule XV to this Act opposite the age next birthday at entry to the fund of the contributor for limited benefits by the number of whole years between the date of entry and the date of retirement. |
( l j ) If, after consideration of a report by the Chief Medical Officer, the Board is of the opinion that the invalidity or physical or mental incapacity to perform his duties on the ground of which a contributor for limited benefits has been retired was—
(a) due to his own fault; or
| (b) | where he has contributed for less than five years— |
(i) due to causes existing at or before the date upon which he became a contributor; and
(ii) not disclosed at the medical examination under section 11a of this Act,
the
P 64443—33
| Superannuation | (A mendment). |
| No. 72, 1969 | the contributor shall be entitled to such pension as is determined by the Board to be the equiva lent of the contributor’s rights in the fund or, if the Board so determines, to refund of a sum equal to his contributions to the fund. |
| Subst. | (h) by omitting sections thirty and thirty-one and by |
| secs. 30, 31. | inserting in lieu thereof the following sections ; — |
| Pensions to | 30. (1) On the death of a contributor not being |
| widow and |
| orphans on | a contributor for limited benefits pension shall be |
| death of | paid to his widow as follows— |
| contributor. |
| (a) | during any period she is not married to any other person, five-eighths of the pension for which the contributor was contributing at the time of his death; and |
| (b ) | in respect of each of her or such contributor’s children (except children of any subsequent marriage) who are under eighteen years of age, a pension at the rate of four dollars per week. |
(2) On the death of a contributor for limited benefits pension shall be paid to his widow as follows—
| (a) | during any period she is not married to any other person, five-eighths of the pension that would have been paid to the contributor had his retirement been effected under section twenty-nine of this Act as from the date of his death; and |
| (b) (3) If any such widow subsequently mar ries a contributor or pensioner the widow shall, notwithstanding paragraph (b) of subsection one | in respect of each of her or such con tributor’s children (except children of any subsequent marriage) who are under eigh teen years of age, a pension at the rate of four dollars per week. |
or
Superannuation {Amendment).
or two of this section, upon his death be paid in No. 72, i969
respect of children of such remarriage who are
under eighteen years of age, a pension at the rate
of four dollars per week.
If any such widow subsequently marries a con tributor and the pension she was receiving as a widow immediately before a subsequent marriage and the pension, if any, she would be entitled to as a widow upon the death of the husband of that subsequent marriage—
| (a) | are different, she shall upon the death of that husband be paid such of those pensions as is the greater, or |
| (b) | are equal, she shall upon the death of that husband be paid only one of such pensions. |
(4) Where at the date of commencement of the Superannuation (Amendment) Act, 1969. the widow of a contributor for limited benefits is, by virtue of the operation of the section which this section replaces, receiving a pension as a widow which is less than the pension that would have been payable to her had she been entitled thereto under subsection one or two of this section the pension payable to her shall be increased as from the first day of the first fortnightly pension period which commences on or after the date of such commence ment to the amount of pension which would have been so payable to her.
(5) A widow referred to in subsection one or two of this section who remarried before the commencement of the Superannuation (Amend ment) Act, 1969, shall—
| (a) | where her husband died before such com mencement be paid pension in accordance with subsection one or two, as the case may require, of this section as from such commencement; or |
(b)
Superannuation {Amendment).
| No. 72, 1969 | (b) where her husband dies on or after such commencement be paid pension in accord ance with subsection one or two, as the case may require, of this section as from the day following the death of the husband. |
| (6) | Where a widow was, immediately |
before the commencement of the Superannuation (Amendment) Act, 1969, in receipt of a pension in respect of herself or of herself and children under the section which this section replaces she shall, subject to subsection four of this section, continue to receive that pension.
The provisions of this section relating to—
| (a) | pa)Tnent of pension during any period she is not married to any other person, |
| (b) | pension payable in respect of her or a con tributor’s children, and |
| (c) | the amount of pension payable under para graph (a) or (b) of subsection three of this section in the circumstances therein prescribed, |
shall apply, mutatis mutandis, to and in respect of
a widow referred to in this subsection.
| (7) | The Board may deduct from any pen |
sion payable to a widow any amounts owing to the fund by the contributor in respect of whom she is entitled to pension.
| Pension to | 31. (1) On the death of a pensioner pension |
| widow and |
| orphans | shall be payable to his widow as follows :— |
| on death |
| of pen | (a) during any period she is not married to any |
| sioner after |
| retirement. | other person,— |
(i) where the pensioner was a contribu tor for limited benefits and is in receipt of a pension as provided by
subsection
| Superannuation | (A mendment). |
subsection (1b ) of section twenty-No. 72, 1969
nine of this Act at the commence ment of the Superannuation (Amendment) Act, 1969, at such rate as was payable to her husband immediately before such commence ment, or at the rate of five-eighths of the pension payable to her husband at the time of his death, whichever is the greater; or
(ii) where the pensioner becomes entitled to a pension after such commence ment, at the rate of five-eighths of the pension payable to her husband at the time of his death, and
| (b) | in respect of each of her or such pensioner’s children (except children of any subsequent marriage) who are under eighteen years of age, a pension at the rate of four dollars per week. | |
|
a contributor or pensioner the widow shall, notwith standing paragraph (b) of subsection one of this section, upon his death be paid in respect of children of such remarriage who are under the age of eighteen, years, a pension at the rate of four dollars per week.
If any such widow subsequently marries a con tributor and the pension she was receiving as a widow immediately before a subsequent marriage and the pension, if any, she would be entitled to receive as a widow upon the death of the husband of that subsequent marriage—
| (a) | are different, she shall upon the death of that husband be paid such of those pensions as is the greater, or |
| (b) | are equal, she shall upon the death of that husband be paid only one of such pensions. |
(3)
| Superannuation | {Amendment) . |
| No. 72, 1969 | (3) Where at the date of commencement of the Superannuation (Amendment) Act, 1969, the widow of a pensioner who was immediately before his retirement a contributor for limited benefits is, by virtue of the operation of the section which this section replaces, receiving a pension as a widow which is less than the pension that would have been payable to her had she been entitled thereto under subsection one of this section the pension payable to her shall be increased as from the first day of the first fortnightly pension period which com mences on or after the date of such commencement to the amount of pension which would have been so payable to her. |
| (4) A widow referred to in subsection one of this section who remarried before the commence ment of the Superannuation (Amendment) Act, 1969, shall— |
| (a) | where her husband died before such com mencement be paid pension in accordance with subsection one of this section as from such commencement, or | |
| (b) | where her husband dies on or after such commencement be paid pension in accord ance with subsection one of this section as from the day following the death of the husband. | |
|
before the commencement of the Superannuation (Amendment) Act, 1969, in receipt of a pension as a widow or in respect of herself and children under the section which this section replaces she shall, subject to subsection three of this section, continue to receive that pension.
The provisions of this section relating to—
| (a) | payment of pension during any period she is not married to any other person; |
(b)
| Superannuation | (Amendment) . |
| (b) | pension payable in respect of her or a No. 72,1969 pensioner’s children; and |
| (c) | the amount of pension payable under para graph (a) or (b) of subsection two of this section in the circumstances therein prescribed, |
shall apply, mutatis mutandis, to and in respect of
a widow referred to in this subsection.
| (i) | after the words “he shall” the words “except where (Refund of |
by inserting in subsection two of section thirty-eight Sec. 38. two of section twenty-one of this Act” ;
| (j) |
| |||||
|
(Vi)
Superannuation {Amendment).
| No. 72, 1969 | (vi) by inserting at the end of the same section the following new subsection : — |
(4) (a) Any payment to a deserted wife or in respect of children under this section shall take effect from the date that notice of such order or certificate is received by the Board.
(b) Every payment made by the Board pursuant to an order or certificate referred to in subsection one, two or three of this section shall be as valid as if made to the pensioner or contributor.
| Subst. | (k) by omitting sections forty, forty-one and forty-two |
| secs. 40, |
| 41 and 42. | and by inserting in lieu thereof the following sections :— |
| Pensioner | 40. | (1) Where any pensioner is in prison for |
| sentenced |
| to imprison | any period in excess of one month— |
| ment. | (a) | his wife may be paid during any such period of imprisonment pension for herself and in respect of any children of the pensioner or herself that would have been payable under section thirty-one of this Act if the pensioner were dead; or |
| (b) | if his wife be dead or divorced pension may be paid in respect of any children of himself or his wife in accordance with the provi sions of section thirty-three of this Act as if the pensioner were dead. | |
|
respect of children in accordance with paragraphs (a) and (b) of subsection one of this section shall be deducted from any pension payable to the pen sioner and the balance of such pension shall be paid to him or to such person including his wife, or a person on behalf of his children, as the Board determines.
(3)
Superannuation (Amendment).
| (3) | Any payment made by the Board under No. 72, 1969 |
the authority of this section shall—
| (a) | be as valid as if made by way of pension to the pensioner; and |
| (b) | not exceed the amount of pension which but for his imprisonment would have been payable to the pensioner. |
41. (1) Where any woman pensioner is in Woman
prison for any period in excess of one month the se"tencSto
Board may suspend payment of pension during such imprison-
period of imprisonment or may pay the pension or
part thereof to such person as the Board may
determine on the pensioner’s behalf and any balance
of such pension shall be paid to the pensioner.
| (2) | Where any widow in receipt of a |
pension under section thirty or thirty-one of this Act is in prison for any period in excess of one month any pension payable to her in respect of children shall be payable in accordance with the provisions of section thirty-three of this Act as if she were dead.
(3) Any pension payable in respect of children under subsection two of this section shall be deducted from the pension payable to the widow and the pension payable in respect of her children and the balance, if any, of such pension shall be paid to her or to such person as the Board may determine on her behalf.
(4) Any payment made by the Board under the authority of this section shall—
| (a) | be as valid as if made by way of pension to the pensioner; and |
| (b) | not exceed the amount of pension which but for her imprisonment would have been payable to the pensioner. |
Superannuation {Amendment).
| No. 72, 1969 | 42. | (1) Subject to sections thirty-nine, forty and |
| Incapacity | forty-one of this Act where by reason of a pen |
| or absence | sioner’s incapacity from any cause or his absence |
| of | |
| pensioner. | from his usual place of abode the Board is of opinion that payment of a pension or other benefit under this Act should be made to a person other than the pensioner or other beneficiary and is satisfied that such payment will be used for the maintenance, care and support of the pensioner or beneficiary, the Board may make payment of the pension or part thereof to such other person during the period of absence or incapacity. |
| (2) Any amount payable pursuant to sub section one of this section shall be deducted from any pension or benefit payable to the pensioner or beneficiary. | |
| (3) Any payment made by the Board under the authority of this section shall be as valid as if made by way of pension or benefit to the pensioner or beneficiary, as the case may be. |
| Sec. | 61 a. | (i) by omitting subsections one and two of section |
| (Surrender | 61a and by inserting in lieu thereof the |
| of policies | |
| eenerally.) | following subsections; — |
| (1) | Any employee or pensioner whose life, |
or the life of whose husband or wife, is insured under a policy of assurance which has been in force for not less than five years and which is at the time of transfer an endowment policy unencumbered and upon which all premiums due have been paid may request the Board to accept a transfer of such policy in accordance with the provisions of this section.
(2) The Board may, in such cases as it deems proper and subject to such conditions as it may determine, accept a transfer of any such policy.
(ii)
Superannuation (Amendment).
| (ii) |
by inserting in paragraph (a) of subsection No. 72, 1969 “employee” the words “or pensioner or husband or wife of the employee or pensioner, as the case may be” ;
| (m) | by omitting section ninety-one and the heading Subst. thereto and by inserting in lieu thereof the®®*̂ '̂ *- following section :— |
91. Notwithstanding anything contained in this Time for
Act, an election, application or choice under this
| Act— (a) shall be in writing; | applica tions, etc. |
| (b) | shall be deemed not to have been validly made unless it is received in the office of the Board before the expiration of three months from the date on which the right to make the election, application or choice arises; |
| (c) | shall in the case of an election under section |
21a of this Act take effect as from such
date, or where such election is in respect of different amounts as from such respective dates, as the Board determines and, in the case of any other election, application or choice, take effect and be operative where provision therefor is made by or under this Act as from the date so provided, or where no such provision is made as from the date it is received in the office of the Board or such other date as the Board may determine :
Provided that where an election, application or
choice is made or purports to be made by a person
after the expiration of the time provided for in
paragraph
| Superannuation | (A mendment). |
| No. 72, 1969 | paragraph (b) of this section and the Board is satisfied that in all the circumstances of the case it is desirable, that the election, application or choice should be accepted, the Board may, subject to such terms and conditions as it may impose, accept the election, application or choice and deal with it as if it had been made within the time prescribed by paragraph (b) of this section. |
| New | (n) by inserting next after Schedule XIV the following |
| Sch. XV. | new Schedule :— |
SCHEDULE XV.
| Sec. 29. | Pension Scale for Limited Benefits Contributors. |
| Age next | Women | Men and Women | Age next |
| birthday at | retirement | retirement | birthday at |
| entry to Fund. | at 55. | at 60. | entry to Fund. |
| % | % |
| 16 | 1 -2820 | 1-1363 | 16 |
| 17 | 1-3157 | 1-1627 | 17 |
| 18 | 1-3513 | 1-1904 | 18 |
| 19 | 1-3888 | 1-2195 | 19 |
| 20 | 1-4285 | 1-2500 | 20 |
| 21 | 1-4705 | 1-2820 | 21 |
| 22 | 1-5151 | 1-3157 | 22 |
| 23 | 1-5625 | 1-3513 | 23 |
| 24 | 1-6129 | 1-3888 | 24 |
| 25 | 1-6666 | 1-4285 | 25 |
| 26 | 1 -7241 | 1-4705 | 26 |
| 27 | 1-7857 | 1-5151 | 27 |
| 28 | 1-8518 | 1 -5625 | 28 |
| 29 | 1-9230 | 1-6129 | 29 |
| 30 | 2-0000 | 1 -6666 | 30 |
| 31 | 2-0833 | 1-7241 | 31 |
| 32 | 2-1739 | 1-7857 | 32 |
| 33 | 2-2727 | 1-8518 | 33 |
| 34 | 2-3809 | 1-9230 | 34 |
| 35 | 2-5000 | 2-0000 | 35 |
SCHEDULE
Superannuation (Amendment).
No. 72, 1969
SCHEDULE XW—continued.
Pension Scale for Limited Benefits Contributors—continued.
| Age next | Women | Men and Women | Age next |
| birthday at | retirement | retirement | birthday at |
| entry to Fund. | at 55. | at 60. | entry to Fund. |
| % | % |
| 36 | 2-6315 | 2-0833 | 36 |
| 37 | 2-7777 | 2-1739 | 37 |
| 38 | 2-9411 | 2-2727 | 38 |
| 39 | 3-1250 | 2-3809 | 39 |
| 40 | 3-3333 | 2-5000 | 40 |
| 41 | 3-5714 | 2-6315 | 41 |
| 42 | 3-8461 | 2-7777 | 42 |
| 43 | 4-1666 | 2-9411 | 43 |
| 44 | 4-5454 | 3-1250 | 44 |
| 45 | 5-0000 | 3-3333 | 45 |
| 46 | 5-5555 | 3-5714 | 46 |
| 47 | 6-2500 | 3-8461 | 47 |
| 48 | 7-1428 | 4-1666 | 48 |
| 49 | 8-3333 | 4-5454 | 49 |
| 50 | 10-0000 | 5-0000 | 50 |
| 51 | 12-5000 | 5-5555 | 51 |
| 52 | 16-6666 | 6-2500 | 52 |
| 53 | 25-0000 | 7-1428 | 53 |
| 54 | 50-0000 | 8-3333 | 54 |
| 55 | 10-0000 | 55 | |
| 56 | 12-5000 | 56 | |
| 57 | 16-6666 | 57 | |
| 58 | 25-0000 | 58 | |
| 59 | 50-0000 | 59 |
( 2 )
Superannuation {Amendment).
| No. 72,1969 | ( 2) Paragraph (e) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. |
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