Superannuation (Amendment) Act 1974 (NSW)

SUPERANNUATION (AMENDMENT) ACT.

ANNO VICESIMO TERTIO

ELIZABETHE II REGINE

Act No. 44, 1974.

An Act to increase certain pensions payable under the Superannuation Act, 1916; to enable certain persons to elect to become contributors to the State Superannuation Fund; to facilitate the investment of that Fund; to validate certain matters; for these and other purposes to amend the Superannuation Act, 1916, the Electricity Commission Act, 1950, the Superannuation (Amendment) Act, 1971, and the University of Wollongong Act, 1972; and for purposes connected therewith. [Assented to, 24th April, 1974.] BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

PART I .

PRELIMINARY.

1. This Act may be cited as the "Superannuation (Amendment) Act, 1974".

(1) This Part and sections 18 and 20 commence on the date of assent to this Act.

2.

(2) Part I I shall be deemed to have commenced on 7th December, 1973.

(3) Part I I I commences on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(4) Part I V commences on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(5) Section 17 shall be deemed to have commenced on 28th November, 1972.

(6) Section 19 shall be deemed to have commenced

on 13th May, 1971.

This Act shall be read and construed with, and as if it

formed part of, the Superannuation Act, 1916, which is in
this Act referred to as the Principal Act.

3.

4.      This Act is divided, as follows :—

PART I.—PRELIMINARY—ss. 1-4.

PART II.—INCREASE OF PENSIONS—ss. 5-9.

PART

PART III.—GOVERNMENT MEDICAL OFFICER—

ss. 1 0 - 1 2 .

PART IV.—ELECTION BY CERTAIN PERSONS TO

BECOME CONTRIBUTORS—ss. 1 3 - 1 6 .

PART V.—GENERAL—ss. 1 7 - 2 0 .

PART II.

INCREASE OF PENSIONS.

( 1 ) In this Part, except to the extent that the context or subject-matter otherwise indicates or requires—

5.

"eligibility period" in relation to an eligible person

means—

(a)	in the case of an eligible person referred to in paragraph (a) of the definition of "eligible person"—the period specified in the First Column of the Table to this section during which her late pensioner husband last became a pensioner;
(b)	in the case of an eligible person referred to in paragraph (b) of that definition—the period so specified during which, disregard­ ing any retirement of that person to which section 51 (2) (b) of the Principal Act applied, he last retired before 1st April,

1973;

(c) in the case of an eligible person referred to in paragraph (c) of that definition—

(i)   where her late husband had been retired under section 22 of the Prin­ cipal Act once only—the period so specified during which he was so retired; or

(ii)

(ii)   where her late husband had been so retired more than once—the period so specified during which, disre­ garding any retirement of her late husband to which section 51 (2) (b) of the Principal Act applied, he had been last retired under sec­ tion 22 of the Principal Act before 1st April, 1973; or

(d) in the case of any other eligible person— the period so specified during which that person last became a pensioner;

"eligible person" means—

(a)	the widow of a pensioner, where that pensioner last became a pensioner before 1st April, 1973, and died before 7th December, 1973;
(b)	a person retired under section 22 of the Principal Act on or after 1st April, 1973, within five years of having again become a contributor following a previous retire­ ment under that section before 1st April, 1973;
(c)	the widow of a contributor, being a con­ tributor who died or dies on or after 1st April, 1973, within five years of his having again become a contributor following a
retirement under section 22 of the Principal Act before 1st April, 1973; or
(d)	except as provided by paragraphs (a), (b) and (c)—a pensioner who last became a pensioner before 1st April, 1973;

"pension"

"pension"—

(a) subject to paragraph (b), means—

(i)   pension payable under the Principal Act; and

(ii)   pension wholly paid or recouped from the Consolidated Revenue Fund or the funds of an employer,

whether or not payment of the pension, or any part thereof, has been suspended by the operation of a provision of the Principal Act or any other Act; and

(b) does not include—

(i)   pension that has been commuted under section 21A or 21B of the Principal Act; or

(ii)   pension payable in respect of a child or a student.

(2) For the purposes of this or any other Act—

(a)	where a person referred to in paragraph (b) of the definition of "eligible person" in subsection (1) retires as referred to in that paragraph and pension thereupon becomes payable to him under section 29 of the Principal Act, payment of that pension
shall be deemed to be payment of a previously
suspended pension;
(b)	payment of a pension to a widow in consequence of a death referred to in paragraph (c) of the definition of "eligible person" in subsection (1) shall be deemed to be payment of a previously suspended pension;

(c)

(c)	where, on or after 7th December, 1973, an increase in pension is paid to a pensioner under the Super­ annuation (Amendment) Act, 1970, the payment shall, for the purposes of this Part, be deemed to be payment of a previously suspended part of his pension;
(d)	where any part of an increase of pension is not paid because of the operation of section 2 (5) of the Superannuation (Amendment) Act, 1971, or of section 7 of this Act, the unpaid part of the increase shall be deemed to be a suspended part of the pension; and

(e) where—

(i)   a pension was not payable at 7th December, 1973, under section 30 or 31 of the Principal Act by reason only of the marriage of the pensioner; or

(ii)   a pension was not payable at 7th December, 1973, by reason only of the operation of section 94 of the Principal Act,

the pension shall be deemed to be a suspended

pension.

(3) Subject to section 7, a suspended pension or part

of	a pension shall, in calculating a pension payable under section 30 or 31 of the Principal Act, be taken into account
as if it had been payable.

6. Subject to this Part—
(a)	the pension (other than a suspended pension or a suspended part of a pension) payable to an eligible person on 7th December, 1973, is hereby increased on and from that date;

(b)

(b)	a pension (other than a suspended pension or a suspended part of a pension) that first becomes payable to an eligible person after 7th December, 1973, is hereby increased on and from the date on which it first becomes payable; and
(c)	a suspended pension, or a suspended part of a pension that becomes payable on or after 7th December, 1973, to an eligible person (whether or not it is payable on and from an earlier date) is hereby increased on and from 7th December, 1973, or on and from the date on which it so becomes payable, whichever is the later,

by the percentage specified in the Second Column of the Table to this section opposite the eligibility period for that person specified in the First Column of the Table.

TABLE

First Column Second Column

Eligibility Period Percentage

Before 1st October, 1971	12.5
1st October, 1971, to 31st Decem­

ber, 1971 10

1st January, 1972, to 31st March,

1972   9

1st April, 1972, to 30th June,

1972   8

1st July, 1972, to 30th September,

1972   6.5

1st October, 1972, to 31st Decem­

ber, 1972 5

1st January, 1973, to 31st March,

1973   3

7. Where the operation of the provisions of this Part would increase the pension payable to a person, or a widow's pension would be increased by reason of the operation of those provisions in relation to her late husband, and that person or widow would, in the opinion of the Board, thereby be prejudicially affected in respect of any benefits otherwise receivable by that person or widow, the amount of the increase shall

shall be such lesser amount than that referred to in section 6 as the Board from time to time determines, and the amount of the increase so determined shall be payable in respect of such periods or at such times by way of lump sum or otherwise as the Board from time to time determines.

8. (1) Where, pursuant to section 6, an increased pension is payable to a pensioner or to the widow of a deceased pensioner or contributor, the employer in whose service the pensioner or deceased pensioner was employed at the date of his retirement or retrenchment, or in whose service the contributor was employed at the date of his death, shall pay to the Fund at fortnightly intervals, or at such other intervals as may be determined by the Board and on the requisition of the Board, an amount equal to the difference between the amount of the pension payable under sections 6 and 7 and the amount of pension that would have been payable had sections 6 and 7 not been enacted.

(2) An amount payable by an employer under this section is additional to any contribution or other payment that the employer is required to make under the Principal Act.

9. The Principal Act is amended—
(a)	by inserting at the end of section 17B the following subsection :—

(9) The liability of employers to make payments to the fund pursuant to this section shall be calculated as if the Superannuation (Amendment) Act, 1974, had not been enacted.

(b)

(b) by inserting at the end of section 17c the following subsection :—

(6) The liability of employers to make payments to the fund pursuant to this section shall be calculated as if the Superannuation (Amendment) Act, 1974, had not been enacted.

(c) by inserting after section 21A (1) the following subsection :—

(1A) Notwithstanding anything in subsection (1), this section does not authorise the commuta­ tion of the amount of any increase of pension payable under the Superannuation (Amendment) Act, 1974.

PART III.

GOVERNMENT MEDICAL OFFICER.

10. The Principal Act is further amended—

(a) (i) by omitting from section 3 the definition of

"Chief Medical Officer of the Government";

(ii) by inserting in section 3 after the definition of "Employer" the following definition :—

"Government Medical Officer" means the person, or the nominee of the person, who for the time being holds an office prescribed by regulations made for the purposes of this definition with the concurrence of the Health Commission of New South Wales.

(b)

(b) (i) by omitting from section 11A (1) the words

"Chief Medical Officer of the Government" and by inserting instead the words "Government Medical Officer";

(ii)   by omitting from section 11A (2) the word "Chief" wherever occurring and by inserting

instead the word "Government";

(c)	by omitting from section 11AA the word "Chief"
wherever occurring and by inserting instead the word "Government";
(d)	by omitting from section 11D (1) (a) the words

"Chief Medical Officer of the Government" and by inserting instead the words "Government Medical Officer";

(e) by omitting from section 22 (2) the words "Chief

Medical Officer of the Government" and by inserting instead the words "Government Medical Officer";

(f) (i) by omitting from section 2 9 (1B) (f) the

words "Chief Medical Officer of the Govern­ ment" and by inserting instead the words "Government Medical Officer";

(ii)   by omitting from section 29 (1J) the word "Chief" and by inserting instead the word

"Government";

(g)

(g) (i) by omitting from section 38c (8) the word

"Chief" wherever occurring and by inserting
instead the word "Government";

(ii)   by omitting from section 38c (8) the words "of the Government".

11.      The Electricity Commission Act, 1950, is amended—

(a)	by omitting from section 72c (1) the word "Chief wherever occurring and by inserting instead the word "Government";
(b)	by omitting from section 72c (1) the words "of the Government".

A requirement of the Principal Act, or of section 72c of the Electricity Commission Act, 1950, for an examination or report by the Chief Medical Officer of the Government shall be deemed to have been sufficiently complied with before the day appointed pursuant to section 2 (3) if the examina­ tion were made, or the report submitted, by a person who, at the time of the examination or report was—

12.

(a) the Director General of Public Health or his	nominee;
(b)	the Medical Officer in Charge of the Medical Examination Centre of the Department of Public Health or his nominee; or
(c)	the Director of the Medical Examination and Immunisation Centre of the Health Commission of New South Wales or his nominee.

PART

P A R T I V .

ELECTION BY CERTAIN PERSONS TO BECOME

CONTRIBUTORS.

13. The Principal Act is further amended by inserting in section 11 (1) after the word "Act" where firstly occurring the words ", or in Part IV of the Superannuation (Amendment) Act, 1974,".

14.      (1) In this section—

"appointed day" means the day appointed pursuant to

section 2 (4 ) ;

"prescribed period" means the period of six months that next succeeds the appointed day;
"prescribed person" means—

(a)	an employee within the meaning of the Principal Act who, before the appointed day and either before or after he became an employee, was granted exemption from contributing to the State Superannuation Fund; or
(b)	such an employee who, being eligible to make the election provided by section 11B of the Principal Act, failed to make the
election;

"prescribed superannuation scheme" means a retirement scheme, fund or arrangement to or in respect of which an employer within the meaning of the Principal Act or a public or local authority con­ stituted by an Act makes, or is liable to make, a payment in respect of a person who is an employee within the meaning of the Principal Act.

( 2 )

(2) Where a prescribed person—

(a)	applies in writing to the State Superannuation Board before the expiration of the prescribed period (or, where that Board allows an extended period, before the expiration of the extended period) for acceptance as a contributor to the State Superannuation Fund; and
(b)	as soon as practicable thereafter submits himself to medical examination by the Government Medical Officer as if he were an employee referred to in section 11A (1) of the Principal Act,

the Government Medical Officer shall report to the State Superannuation Board whether or not, in his opinion, that person is suffering from any physical or mental defect that is likely to affect his health or longevity or his capacity to continue as an employee.

(3) After receipt of a report referred to in subsection (2) the State Superannuation Board shall notify the prescribed person to whom the report relates—

(a)	that it will accept that person as a contributor to the State Superannuation Fund;
(b)	that it will accept that person as a contributor to the State Superannuation Fund for limited benefits;
(c)	that it has postponed, until a time that the Board having regard to the report specifies in the notifica­ tion, consideration of the acceptance of that person
benefits, to the State Superannuation Fund; or as a contributor, or as a contributor for limited
(d)	that it will not accept that person as a contributor to the State Superannuation Fund.

(4) Where—

(a) the State Superannuation Board notifies a prescribed person as provided by subsection (3) (b) and that person fails within one month thereafter, or within

such

such further period as that Board may allow, to notify the State Superannuation Board in writing that he confirms his application to become a contributor to the State Superannuation Fund; or

(b) the State Superannuation Board notifies a prescribed person as provided by subsection (3) (d) ,

that person ceases to be a prescribed person and ceases to be entitled to become a contributor to the State Superannuation Fund as provided by this section.

15.      (1) Where a prescribed person—

(a) is notified as provided by section 14 (3) (a) or 14 (3) (b), or is so notified after the expiration of the time specified in a notification under section 14 (3) c o ­

co that he will be accepted as a contributor to the State Superannuation Fund; or

(ii)   that he will be accepted as a contributor to the State Superannuation Fund for limited benefits;

(b)	has, where he has been notified as provided by paragraph (a) (ii), notified the State Super­ annuation Board in writing within one month after being notified as so provided or within such further period as the Board may allow that he confirms his	application to become a contributor to the State
Superannuation Fund; and
(c)	withdraws from any prescribed superannuation scheme in which he is a participant and complies with the requirements of the State Superannuation Board with respect to the disposition of any benefit receivable by him upon withdrawing from any such scheme,

he

he becomes a contributor within the meaning of the Principal Act on and from a date determined by the State Superannua­ tion Board and, on and from that date, he ceases, in the case of a person withdrawing from a prescribed superannuation scheme, to be entitled to any rights, benefits or privileges that, but for this section, would have accrued to him under the prescribed superannuation scheme.

(2) A prescribed person may, for the purpose of complying with subsection (1) (c), withdraw from a pre­ scribed superannuation scheme as if he had resigned from the service of his employer.

16. Contributions to the State Superannuation Fund in respect of a person who becomes a contributor under section 15 shall be at a rate determined by the Board having regard to the age of that person at the time he becomes such a contributor.

PART V.

GENERAL.

The Principal Act is further amended by inserting after section 3 (7) the following subsection :—

17.

(8) Where a contributor employed at a university referred to in this section ceases to be a contributor by reason only of the operation of this section following his appointment as a professor at that university he shall, for the purposes of sections 38, 38A and 38B, be deemed to have, immediately before that appointment, resigned from the service of that university.

18. The Principal Act is further amended—

(a)	by omitting from section 5B (1) (d) the words ", which land the Board has prior to completion of the purchase or acquisition contracted to lease to the Crown or any other person";
(b)	by omitting from section 5B (1) (e) the words "that the Board has, prior to the completion of the purchase or acquisition or the granting of the lease, contracted to lease to the Crown or any other person";
(c)	by inserting in section 5B (1) (f) after the word "paragraph" the matter "(d) or".

19. The Superannuation (Amendment) Act, 1971, is amended by inserting in section 2 (5) after the word "Board" wherever occurring the words "from time to time".

The University of Wollongong Act, 1972, is amended by omitting from the matter relating to the Superannuation Act, 1916, in the Schedule to that Act the matter " (5 ) " wherever occurring and by inserting instead the matter

20.

" (4A)" . COMPANIES