Superannuation (Amendment) Act 1977 (NSW)

SUPERANNUATION (AMENDMENT) A C l,

1977

J5̂ b) ^outf) Males!

ANNO VICESIMO SEXTO

ELIZABETHvE U REGINA

Act No. 137, 1977.

An Act to amend the Superannuation Act, 1916, and the Superannuation (Amendment) Act, 1951, with respect to the death and breakdown benefits payable to or in respect of contributors to the State Superannuation Fund, the payment of pensions in respect of children and the tables of contributions payable by employees and employers, and for certain other purposes. [Assented to, 21st December, 1977.1

BE

Act No. 137, 1977.

Superannuation {Amendment).

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

Short 1. This Act may be cited as the “Superannuation

title.	(Amendment) Act, 1977”.
Commence-	2. (1) This section and sections 1, 3, 4 and 7 shall commence on the date of assent to this Act.

(2) Sections 5 and 6 shall, in their respective

application to a provision of Schedules 1-8, commence or be deemed to have commenced on the day on which the provision commences or is deemed to have commenced.

(3) Schedule 1 shall commence on 13th January,

1978.

(4) Schedule 2 shall commence on the date of assent

to this Act.

(5) Schedule 3 (1) and (3) shall commence on the

date of assent to this Act.

(6) Schedule 3 (2) shall be deemed to have com­

menced on 13th January, 1977.

(7) Schedule 4 shall be deemed to have commenced

on 1st July, 1977.

Act No. 137, 1977.

Superannuation {Amendment).

(8) Schedule 5 shall, except as provided in subsection

(9), conunence on the date of assent to this Act.

(9) Schedule 5 (2), (3), 4 (a) and (7) shall be deemed to have commenced on 13th January, 1977.

(10) Schedules 6-8 shall commence on 13th January,

1978.

(11) Schedule 9 shall commence on the date of

assent to this Act.

3. The Superannuation Act, 1916, is referred to in this Principal

Act as the Principal Act.

4. This Act contains the following Schedules :— Schedules.

SCHEDULE 1.—Amendments to the Principal

Act, Relating to Death and Breakdown

Benefits and the Abolition of the

Categories of Contributors.

SCHEDULE 2.—Amendments to the Principal

Act, Relating to the Definition of “Salary”.

SCHEDULE 3.—Amendments to the Principal

Act, Relating to Reductions in Salary.

SCHEDULE 4.—Amendments to the Principal

Act, R elating to Children’s Pensions.

SCHEDULE 5.— M̂ iscellaneous Amendments ""o

the Principal Act.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6.—Amendment to the Principal

Act, Relating to the Tables of Contribu­

tions.

SCHEDULE 7.—Amendments to the Principal Act, Consequent on the Variation of the Tables of Contributions.

SCHEDULE 8.— A m e n d m e n t s to the Su pe r a n n u a ­

tio n (A m e n d m e n t ) A c t , 1951, R e la tin g to

THE R ates of C o n tr ib u tio n s .

SCHEDULE 9.—Savings and Transitional Pro­

visions.

Amend­	5.	The Principal Act is amended in the manner set forth
ment of

Act No. 28,	in Schedules 1-7.
1916.

Amend- 6. The Superannuation (Amendment) Act, 1951, is

c-y amended in the manner set forth in Schedule 8.

Act No. 53,

1951.

Savings

7. Schedule 9 has effect.

and

transi­

tional

provisions.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1. Sec. 5.

A m e n d m e n t s to the P r in c ipa l A c t , R ela tin g to D ea th

AND B reakdow n Be n e f it s and th e A bo litio n of

th e C ategories of C o n tribu to rs .

(1) Section 2—

Omit the matter relating to Part I Ia, insert instead :—

PART IIa.— M edical E xamination of C on­

tributors— ss. 10a- 1 0 d .

(2) Section 3 (1), definitions of “Contributor for full benefits”, “Contributor for limited benefits”, “Con­ tributor in the provisional category”—

Omit the definitions.

(3) Part IIa—

Omit the Part, insert instead :—

PART IIa.

M edical E xam ination of C o n tr ib u to r s .

10a. In this Part—

Interpre­

tation:

“prescribed medical examination” means— pt. m .

(a) in relation to an employee who com­ menced his employment as an employee before 13 th January, 1978, a medical examination to which he was required to submit himself—

(i)   under this Part as in force at the date on which he

commenced his employ­

ment;

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R ela tin g to D eath

AND B reakdow n Be n e f it s and th e A bolitio n of

THE

C ategories

of

C o n tribu to rs—continued.

(ii)	under section 11a or 38c as in force at the date on which he commenced his employment; or
(iii)	under clause 1 of Schedule XVII; or

(b) in relation to an employee who commenced his employment as an employee on or after 13th January, 1978, a medical examination (whether or not made for the purposes of his employment by an employer) of the prescribed standard;

“prescribed standard” means the standard deter­ mined by the Minister on the recommenda­ tion of the Government Actuary and the Government Medical Officer to be the same or substantially the same as that prevailing in 1977 in respect of medical examinations prescribed under section 27 (1) (a) of the Public Service Act, 1902.

Medical	10b. Where a person is not required for the pur­ poses of his employment by an employer to undergo a medical examination of the prescribed standard, the Board may require the person to undergo such a medical examination.
examina­
tion.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to the P r in c ipa l A c t , R ela tin g to D eath

AND B reakdow n Be n e f it s and th e A bo litio n of

THE C ategories of C o n tribu to rs—continued.

10c. (1) Where an employee is required to submit Failure,

himself to a prescribed medical examination and, in

the opinion of the Board—

medical

examina­

tion.

(a)	does not, either before or as soon as prac­ ticable after the commencement of his em­ ployment (whether before, on or after 13th January, 1978) submit himself to the examination;
(b)	refuses or wilfully neglects to submit himself to the examination; or
(c)	fails to satisfy the requirements of the examination,

the Board shall, except as provided by subsection (2), treat him as if he were not and had not, since the date of commencement of his employment, been an employee.

(2) Where an employee, being an employee who, in the opinion of the Board, did not submit himself to a prescribed medical examination as re­ ferred to in subsection (1) (a), ceases to be an employee, the Board may, if it is of the opinion, having regard to such evidence as is available to it, that he would have satisfied the requirements of a prescribed medical examination, treat him, for the period of his employment, as if he were an employee.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to the P r in c ipa l A c t , R e la tin g to D eath

AND B reakdow n B e n e f it s and th e A bo litio n of

THE C ategories of C o n tribu to rs—continued.

Suppressed

or mis­ IOd. (1) This section applies to a person if he

leading	was medically examined at a prescribed medical
informa­	examination and the Government Medical Officer, at
tion.	any time after a report is made with respect to the examination, forms the opinion that the person sup­ pressed information, or gave misleading information, in connection with the examination and that, as a result, the report would have been different if all information, or correct information, in that connection had been given.

(2) The Board may require a person to

whom this section applies to undergo a medical

examination of the prescribed standard.

(3) The Board may, in relation to a person

to whom this section applies (whether or not he has undergone a medical examination in accordance with a requirement under subsection (2 )) —

(a) treat the person for the purposes of this Act in such manner; and

(b) take such action,

as will, in the opinion of the Board, result in the person, and his widow and children, as the case may require, being placed, as nearly as possible, in the position under this Act that he, she or they would be or would have been placed at all relevant times had all the information, or correct information, been given as referred to in subsection (1).

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE I— continued.

Amendments to the Principal Act, Relating to Death AND Breakdown Benefits and the Abolition of THE Categories of Contributors—continued.

(4) The action which the Board may take

under subsection (3) may include any or all of the

following :—

(a)	discontinuing or varying the rate of any pension;
(b)	paying the whole or any part of a lump sum;
(c)	refunding all or any contributions made to the Fund;
(d)	recovering, pursuant to section 91a, the whole or part of any pension paid or any amount paid by reason of a commutation of pension.

(4) (a) Section IOr (4) (a) —

Omit “employee;”, insert instead “employee; or”.

(b) Section IOr (4) (b )—

Omit “or”.

(c) Section IOr (4) (c)—

Omit the paragraph.

(5) (a) Section lOz (4) (a )—

Omit “unit;”, insert instead “unit; or”.

(b) Section lOz (4) (b )—

Omit “or”.

SCHEDULE '

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

Amendments to the Principal Act, Relating to Death AND Breakdown Benefits and the Abolition of THE Categories of Contributors—continued.

(c) Section lOz (4) (c)-

Omit the paragraph.

(6) Section IOah (2) (c)—

Omit “or the employee was a contributor in the pro­ visional category”.

(7) Section 21ab—

Omit the section.

(8) Section 27 (1a)—

Omit the subsection.

(9) Sections 29, 29a—

Omit the sections, insert instead :—

Pension	29. (1) Except as provided by subsections (2)
payable on

retirement	and (3), if a contributor is retired on the ground of
through	invalidity or physical or mental incapacity to perform
invalidity,
etc.	his duties, he shall, subject to section IOaa (2), be entitled to the full pension for which he was contributing as at his exit day.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e l a t in g to D ea th

AND B rea k d o w n ' Be n e f it s and t h e A bo litio n of

t h e C ategories of C ontribu to rs—continued.

(2) If a contributor—

(a)	being a person who became a contributor on or after 13th January, 1978; or
(b)	being a person who, immediately before 13th January, 1978, was—

(i)   a contributor accepted or treated as a contributor for limited benefits under this Act as then in force; or

(ii)   a contributor accepted or treated as a contributor in the provisional category under this Act as then in force,

is retired on the ground of invalidity or physical or mental incapacity to perform his duties and the number of years (disregarding any fraction of a year) comprising the period from the date when he last became a contributor and his exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which he received a pension under this Act, is less than 10, he shall be entitled to a pension, the amount of which shall be calculated in accordance with the formula—

A P = ---- (80 + ------ ) 20B

100                c

where, in relation to the contributor—

“P” is the amount of the pension per fortnight;

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R ela tin g to D eath

AND B reakdow n B e n e f it s and the A bolitio n of

THE C ategories of Co n tribu to rs—continued.

“A” is the amount of pension per fortnight that would have been payable to him under subsection (1) had he been a person to whom that subsection applies;

“B” is the number of years (disregarding any fraction of a year) comprising the period from the date when he last became a contributor to his exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which he received a pension under this Act; and

“C” is—

(a) the number of years (disregarding any fraction of a year) comprising the period from the date when he last became a contributor to the last day of the contribution period preceding that in which he would attain the maturity age; or

(b) 10,

whichever is the lesser.

(3) If, in respect of a contributor referred to

in subsection (2) (b) (other than a contributor referred to in subsection (2) (b) (ii)), the amount of pension to which he would have been entitled, had this Act not been amended by the Superannuation (Amendment) Act, 1977, is greater than the amount

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to the P r in c ipa l A c t , R ela tin g to D ea th

AND B reakdow n B e n e f it s and th e A bolitio n of

th e C ategories of C ontribu to rs—continued.

to which he would otherwise be entitled under sub­ section (2), he shall, notwithstanding subsection (2), be entitled to a pension of the greater amount.

(4) A contributor to whom this section

applies shall be granted payment of pension for one

:	year only at a time and a fresh application shall, unless the Board from time to time otherwise determines, be necessary before any further payment is made.
(5) Pension payable under this section shall, notwithstanding anything contained in this or any other Act, commence and be payable as from the date following that upon which all leave of absence, other than extended leave, if taken, would have terminated.
(6) Contributions payable by or in respect of a contributor to whom this section applies cease to be payable on the first day of the contribution period during which the pension becomes payable pursuant to subsection (5).

(7) Schedule XVII has effect.

(10) (a) Section 30 (1 )— ,

Omit “contributor (aged, in the case of a contributor for limited benefits or a contributor in the provisional category, sixty years or more)”, insert instead “contributor,”.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e l a t in g to D ea th

AND B reakdow n Be n e f it s and th e A b o litio n of

THE C ategories of C o n tribu to rs— continued.

(b) Section 30 (2 )—

Omit the subsection.

(c) Section 30 (4 )—

Omit the subsection.

(11) (a) Section 31 (1) (a) (i)—

Omit the subparagraph.

(b) Section 31 (1) (a) (ii)—

Omit “in any other case,”.

(c) Section 31 (3) —

Omit the subsection.

(12) Section 32b—

Omit “subsection (3) of section 29”, insert instead

“section 29 (5 )”.

(13) Section 33 (3) —

Omit the subsection.

(14) Section 38c (3) (a )—

Omit “29a,”.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

Amendments to the Principal Act, Relating to Death AND Breakdown Benefits and the Abolition of THE Categories of Contributors—continued.

(15) (a) Section 47c (1) (a )—

Omit “contributor;”, insert instead “contributor;

or”.

(b) Section 47c (1) (b )—

Omit the paragraph.

(c) Section 47c (6 )—

Omit “29a (1 ),”.

(16) (a) Section 47d (4 )—

Omit “29”, insert instead “29 (2 )”.

(b) Section 47d (4 )—

Omit “for limited benefits”.

(17) Section 51 (3 )—

After “Act”, insert but except as prescribed”,

(18) Schedule XV—

Omit the Schedule,

(19) Schedule XVH—

After Schedule XVI, insert

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R ela tin g to D eath

AND B reakdow n B e n e f it s and th e A bolitio n of

THE C ategories of C ontribu to rs— continued.

Sec. 29 (7). SCHEDULE XVII.

T ransitional and O ther P rovisions A rising from the

Superannuation	(A m en d m en t)	A ct ,	1977.
PART 1.

M edical E xaminations.

1.  An employee who, immediately before 13th January, 1978—

(a) was a contributor to whom section 10b as then in force applied; and

(b) had not complied with that section,

shall, notwithstanding the Superannuation (Amendment) Act, 1977, comply with that section as if it had continued in force on and after 13th January, 1978

2.  Where—

(a) a report is made by the Government Medical Officer in respect of—

(i)   an employee to whom section 10c as in force immediately before 13th January, 1978, applied; or

(ii) an employee to whom clause 1 applies;

(b) the report indicates that the employee is suffering from any physical or mental defect which is likely to affect his health or longevity or his capacity to continue in his employment;

. and

(c) the Board, in respect of such a report made before 13th January, 1978, has not made a decision under section 10c (2) as in force immediately before 13th January, 1978,

the Board may, for the purposes of section 29, treat the employee as

if he were a person referred to in section 29 (2) (b ) .

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to the P r in c ipa l A c t , R e la tin g to D eath

AND B reakdow n Be n e f it s and th e A bo litio n of

THE C ategories of C o n tribu to rs— continued.

SCHEDULE XVW— continued.

T ransitional and Other P rovisions Arising from the Superannuation (A m en d m en t) Act , 1977—continued.

3.

Where a person—

(a) who, immediately before 13th January, 1978, was—

(i)   a contributor accepted or treated as a contributor for limited benefits under this Act as then in force; or

(ii)   a contributor accepted or treated as a contributor in the provisional category under this Act as then in force; and

(b) whose medical examination under section IOf (1) (a) or (3) as then in force had commenced before the date of assent to the Superannuation (Amendment) Act, 1977,

produces a report from the Government Medical Officer stating that the Government Medical Officer has caused him to be medically examined and that his health warrants his acceptance as a contributor for full benefits within the meaning of this Act as in force immediately before 13th January, 1978, the Board may, for the purposes of section 29, treat him as if he were a person referred to in section 29

( 1) .

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e la tin g to D eath

AND B reakdow n B e n e f it s and th e A bo litio n of

THE C ategories of C ontribu to rs— continued.

SCHEDULE XWW—continued.

T ransitional and Other P rovisions Arising from the Superannuation (A m en d m en t) A ct , 1977—continued.

PART 2.

E lection of C ertain P ersons to Contribute to ih e F und.

4.        (1) Notwithstanding section IOn , a person who was an employee

but not a contributor on 12th January, 1977, because the Board refused to accept him as a contributor or postponed his acceptance as a contributor, shall not contribute to the Fund.

(2) An employee referred to in subclause (1) may elect to

contribute to the Fund.

(3) Subclause (1) ceases to apply to an employee who elects

to contribute to the Fund.

(4) An election under subclause (2) is of no effect unless

made with the approval of the Board given in special circumstances.

5.   (1) A person who—

(a)	would be an employee if he were not subject to the pro­ visions of the New South Wales Retirement Benefits Act, 1972; and
(b)	is, in the opinion of the Board, subject to those provisions because the Board refused to accept him as a contributor or postponed his acceptance as a contributor,

may elect to contribute to the Fund.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e l a t in g to D ea th

AND B reakdow n B e n e f it s and th e A bo litio n of

THE C ategories of C o n tribu to rs— continued.

SCHEDULE X V ll— continued.

T ransitional and Other P rovisions Arising from the Superannuation (A m en d m en t) A ct, 1977—continued.

(2) An election under subclause (1) is of no effect unless made with the approval of the Board given in special circumstances.

(3) Nothing in this clause affects the operation of section 92a in relation to a person who makes an election under subclause (1).

PARTS.

P ensions.

6. In this Part, “breakdown”, in relation to a person, means his retirement on the ground of invalidity or physical or mental incapacity to perform his duties.

7. (1) In this clause, “contributor for limited benefits” means a contributor accepted or treated as a contributor for limited benefits under this Act as in force immediately before 13th January, 1978.

(2) Where, on and from 13th January, 1978, pension is payable in respect of the breakdown or death of a contributor for limited benefits, or a former contributor for limited benefits, whose exit day occurred before 13th January, 1978, the amount of pension shall be calculated as if section 29 had been in force at his exit day but as if section 29 (2) (a) and (b) had not been enacted.

8.        (1) In this clause, “contributor in the provisional category”

means a contributor accepted or treated as a contributor in the pro­ visional category under this Act as in force immediately before 13th January, 1978.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e la tin g to D ea th

AND B reakdow n Be n e e it s and th e A bo litio n of

THE C ategories of C o n tribu to rs— continued.

SCHEDULE xwn—continued.

T ransitional and O ther P rovisions Arising from the Superannuation (A m en d m en t) Act , 1977—continued.

(2) Where a lump sum paid to a contributor in the provisional category or his widow under section 29a as in force immediately before 13th January, 1978, is repaid, pension shall, from the date on which the lump sum is repaid, be payable to or in respect of the contributor as if this Act, as amended by the Superannuation (Amend­ ment) Act, 1977, had been in force at his exit day but as if section 29 (2) (a) and (b) had not been enacted.

9. relation to— The amounts payable from the Fund and by an employer in

(a) a pension payable under section 29;

(b) an increase in the amount of pension under clause 7 (2); or

(c) a pension payable under clause 8 (2),

shall be in the same proportion as the amounts payable in relation to a contributor under section 29 (1) (a) as in force immediately before 13th January, 1978.

Sec. 5. SCHEDULE 2.

A m e n d m e n t s to th e P r in c ipa l A c t , R ela tin g to th e

D e f in it io n of “Salary” .

(1) (a) Section 3 (1), definition of “Salary”—

In paragraph (a), after “bonus”, insert “, or an allowance in lieu of overtime”.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 2—continued.

A m e n d m e n t s to the P r in c ipa l A c t , R e l a t in g to the

D e fin it io n of “Salary”— continued.

(b) Section 3 (1), definition of “Salary”—

From paragraph (f), omit “paragraph.”, insert instead “paragraph,”.

(c) Section 3 (1), definition of “Salary”—

At the end of the definition, insert :—

but, notwithstanding anything in the foregoing provisions, includes any remuneration or benefit declared pursuant to section 12e to be salary within the meaning of this Act.

(2) Section 12e—

After section 12d, insert : —

12e. (1) The regulations may declare— Declara­ tions for

(a)	any remuneration of a specified kind and the included within any of the paragraphs of jefin°t̂ on°̂ the definition of “Salary” in section 3 (1); "Salary”, or
(b)	any other remuneration or benefit of a specified kind,

to be, either generally or in relation to any specified class of employees, salary within the meaning of this

Act. J

(2) A declaration referred to in subsection

(1) applies to remuneration or a benefit payable or

afforded to an employee only if—

(a) it is payable in money at an annual rate to the employee in his capacity as an employee; or

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 2—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e l a t in g to t h e

D e f in it io n of “Salary”—continued.

(b) his employer, or a person duly authorised to do so on behalf of the employer, certifies in writing to the Board that it should be treated as remuneration or a benefit payable in money at an annual rate to the employee in his capacity as an employee, and also certifies the amount of that rate.

(3) Where remuneration or a benefit is the subject of a certificate referred to in subsection (2) (b), it shall, for the purposes of this Act, be deemed to be remuneration or a benefit payable in money at the certified annual rate to the employee in his capacity as an employee.

(4) A declaration may be made so as to operate as from any date after 9th March, 1976.

(5) Where—

(a)

a declaration operates as from a date before the declaration is made; and

(b)

the appropriate contributions in respect of any additional units of pension concerned (being the contributions that would have been already payable in accordance with this Act had the remuneration or benefit in fact been salary within the meaning of this Act in accordance with the declaration) have been paid to the Board by or in respect of an employee to whom the declaration relates within a period approved by the Board,

SCHEDULE

Aci No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 2—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e l a t in g to th e

D e f in it io n o f “Salary”— continued.

then, for all purposes of this Act—

(c)	the employee’s salary shall be deemed to have included the remuneration or benefit in accordance with the declaration; and
(d)	the employee shall be deemed to have been contributing for the additional units as from the commencement of the period to which the contributions referred to in paragraph (b) relate.

(6) In this section, “employee” includes

former employee.

SCHEDULE 3. Sec. 5.

A m e n d m e n t s to th e P r in c ipa l A c t , R e l a t in g to

R ed u ctio n s in Salary .

<1) Section 2—

From the matter relating to Division 3 of Part HI omit “j. lOw”, insert instead “ss. lOw, IO w a ” .

<2) (a) Section lOw (2) (b) (v)—

Omit “1976,”, insert instead “1976;”.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment) .

SCHEDULE 3—continued.

Amendments to the Principal Act, Relating to

Reductions in Salary—continued.

(b) Section lOw (2) (b) (vi)—

After section lOw (2) (b) (v), insert:—

(vi)   the day as from which the number of units of pension for which he was con­ tributing was reduced under this section,

(c) Section lOw (5 )—

Omit “payment o f’, insert instead “retention of entitlement to”.

■ (3) Section lOwA—

After section lOw, insert:—

Fhictiiations

lOwA. (1) Where the number of units of pension pursuant to section 12 (1), was appropriate to the salary actually being paid to a contributor at any time after 12th January, 1976, was higher than the number of units that, pursuant to section 12 (1 ), was or is appropriate to the salary actually being paid to him at his next review day after that time, the Board may determine that his salary as at the review day shall be treated as if it had been equal to his salary as at the earlier time.

m sabir.

(2) A determination under this section

shall not take effect unless the appropriate contribu­ tions in respect of the additional units of pension (being the contributions that would have been already or would be payable in accordance with this Act had the greater salary in fact been paid to him at the review day) have been or are paid to the Board within a period approved by the Board.

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 3— continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e la tin g to

R ed uctio n s in Salary—continued.

(3) Where a determination under this

section has effect, then, for all purposes of this Act—

(a)	the contributor’s salary shall be treated in accordance with the determination; and
(b)	the contributor shall be deemed to have been contributing for the additional units of pension as from the commencement of the period to which the contributions referred to in subsection (2) relate.

(4) In this section—

“contributor” includes former contributor;

“review day” means entry review day, annual

review day or exit day.

SCHEDULE 4. Sec. 5.

A m e n d m e n t s to th e P r in c ipa l A c t , R ela tin g to

C h il d r e n ’s P en sio n s .

(1) Section 3 (1 ), definition of “Child”—

Before the definition of “Civil Service Acts”, insert :—

“Child” means a child who has not attained the

age of 18 years, and, without limiting the

operation of the Children (Equality of

Status) Act, 1976, includes an exnuptial

child who has not attained that age.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 4—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R ela tin g t o

C h il d r e n ’s P ensions—continued.

(2) (a) Section 30 (1) (a )—

Omit “and”.

(b) Section 30 (1) (b )—

Omit the paragraph.

(c) Section 30 (2) (a )—

Omit “and”.

(d) Section 30 (2) (b) —

Omit the paragraph.

(e) Section 30 (2a), (2b) —

After section 30 (2), insert :—

(2a) On the death of a male contributor, a pension of the appropriate amount per week under section 61m is payable in respect of—

(a) each of the contributor’s children; and

(b) each of the contributor’s widow’s chil­ dren, except children who are bom after the contributor’s death and who are not the contributor’s children,

being in each case children whose mother is

living.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 4—continued.

Amendments to the Principal Act, Relating to

Children’s Pensions—continued.

(2b) If the widow of a contributor sub­ sequently marries a contributor or pensioner, nothing in subsection (2a) prevents the pay­ ment of a pension, in respect of a child, in con­ sequence of the death of the contributor or pensioner whom she so subsequently married.

<f) Section 30 (3 )—

Omit “If any such widow subsequently marries a contributor or pensioner the widow shall, not­ withstanding paragraph (b) of subsection (1) or (2), upon his death be paid in respect of children of such remarriage who are under eighteen years of age, a pension of the appro­ priate amount per week under section 61m .”

<g) Section 30 (3 )—

Omit “If any such widow” where secondly occurring, insert instead “If the widow of a con­ tributor”.

(h) Section 30 (5), (6 )—

Omit the subsections.

(3 ) (a) Section 31 (1) (a) (ii)—

Omit “section 28b, and”, insert instead “section

28 b ;” .

(b) Section 31 (1) (b )—

Omit the paragraph.

SCHEDUI.E

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 4—continued.

Amendments to the Principal Act, Relating to

Children’s Pensions—continued.

(c) Section 31 (1a)—

Omit “otherwise than in respect of a child or children”.

(d) Section 31 (1b), ( I c ) —

After section 31 (1a), insert:—

( lb) On the death of a male pensioner, a

pension of the appropriate amount per week

under section 61m is payable in respect of—

(a) each of the pensioner’s children; and

(b) each of the pensioner’s widow’s children, except children who are bom after the pensioner’s death and who are not the pensioner’s children,

being in each case children whose mother is

living.

If the widow of a pensioner subsequently marries a contributor or pensioner, nothing in

( lc)

subsection (1b ) prevents the payment of a

pension, in respect of a child, in consequence of the death of the contributor or pensioner whom she so subsequently married.

(e) Section 31 (2)-

Omit “If any such widow subsequently marries a contributor or pensioner the widow shall, not­ withstanding paragraph (b) of subsection (1), upon his death be paid in respect of children of

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 4—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , R e la tin g to

C h il d r e n ’s P ensions— continued.

such remarriage who are under the age of eighteen years, a pension of the appropriate amount per week under section 61m .”.

(f) Section 31 (2 )—

Omit “If any such widow” where secondly occurring, insert instead “If the widow of a pensioner”.

(g) Section 31 (4), (5 )—

Omit the subsections.

( 4 ) (a) Section 33 (1 )—

Omit the subsection, insert instead :—

(1) On the death of a male contributor or a male pensioner, a pension of the appropriate amount per week under section 6 I n is payable in respect of—

(a)	each of the contributor’s children or pensioner’s children; and
(b)	each of the contributor’s widow’s children or pensioner’s widow’s children, except children who are bom after the contributor’s death or pen­ sioner’s death and who are not the contributor’s or pensioner’s children,

being in each case children whose mother died before, or is divorced from, the contributor or pensioner.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE A— continued.

A m e n d m e n t s to t h e P r in c ipa l A c t , R ela tin g to

C h il d r e n ’s P en sio ns—continued.

(b) Section 33 (2 )—

Omit the subsection, insert instead ;—

(2) Where a pension in respect of a child is

paid under section 30 or 31, and the mother of the child dies, a pension of the appropriate amount per week under section 6 I n is payable in respect of the child.

(5) Section 43—

Omit the section, insert instead :—

Paymenia

43. (1) A pension payable under this Act in (2) Notwithstanding anything elsewhere con­ tained in this Act, any money payable out of the Fund under this Act in respect of a child may, at the discretion of the Board, be paid to the child’s guardian or expended by the Board for the benefit of the child.

in respect

rrfchfldien.

respect of a child shall be paid to the child’s mother,

if living.

(3) Not more than one pension may be paid in respect of the one child during any one period and where, but for this subsection, pensions would be payable, in respect of the child, of the appropriate amount per week under both section 61 m and section 6 I n , the pension payable shall be that of the appro­

priate amount per week under section 6 I n .

(6) Section 47 (1 )—

Omit “that marriage”, insert instead “the pensioner”.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 5. Sec. 5.

Miscellaneous Amendments to the Principal Act.

(1) (a) Section 2—

From the matter relating to Division 2 of Part

IV, omit “47a”, insert instead “47b”.

(b) Section 2—

From the matter relating to Division 4 of Part

IV, omit “ss. 53-59”, insert instead “j. 53”.

(2) Section lOo (3 )—

After section lOo (2), insert:—

(3) Where—

(a)	a contributor’s first annual adjustment day falls before 31st December, 1977;
(b)	he contributes to the Fund in respect of an additional number of units of pension as on and from that adjustment day; and

(c) he was a contributor at 12th January, 1977, he shall, for the purposes of section 28a, be deemed to have commenced contributing for those units as from 13th January, 1976, or the day on which he became a contributor, whichever is the later.

(3) Section IOaa (2 )—

After “Pension”, insert “ (other than pension payable under section 37)”.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 5—continued.

M iscella n eo u s A m e n d m e n t s to th e P r in c ipa l A ct—

continued.

(4) (a) Section IOah (5) (a) —

Omit the paragraph, insert instead :—

(a) in relation to an employee who ceases to be employed by the employer before attaining the maturity age and who commenced contributing for the unit of pension—

(i)   before the contribution period in which he would attain the maturity age—a reference to the total amount of contributions that would have been payable up to and including that date had the tables of contributions fixed by or under this Act been applicable to him in respect of the unit; or

(ii)   after the contribution period in which he would attain the maturity age—a reference to the cost of the unit; or

(b) Section IOah (6 )—

After section IO a h (5), insert :—

(6) Where, but for this subsection, the 65 instalments payable in respect of a unit of pen­ sion pursuant to subsection (1) would be less than the cost of the unit, the 65th instalment shall, notwithstanding that subsection, be increased by the difference.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment) .

SCHEDULE 5—continued.

M iscella n eo u s A m e n d m e n t s to th e P r in c ipa l A ct—

continued.

(5) Section 12b (9 )—

After section 12b (8), insert:—

(9) Where, but for this subsection, the 65

instalments payable in respect of a unit of pension pursuant to subsection (2) would be less than the cost of the unit, the 65th instalment shall, notwith­ standing that subsection, be increased by the difference.

(6) Section 12c (9 )-^

After section 12c (8), insert:—

(9) Where, but for this subsection, the sum of the 65 instalments payable in respect of a unit of pension pursuant to subsection (2), or of all the instalments pursuant to subsection (3), would be less than the cost of the unit, the last of the instalments shall, notwithstanding those subsections, be increased by the difference.

(7) Section 12ca (1 )—

Omit “12c”, insert instead “12c (2), or all of the instalments payable under section 12c (3 ),”.

(8) (a) Section 17c (1 )—

Omit “This subsection shall not apply in respect of a pension payable pursuant to paragraph (b) or (ii) of section 30 or paragraph (b) of subsection (1) or paragraph (b) of subsection (2) of section 31 or section 33 in respect of the

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 5—continued.

Miscellaneous Amendments to the Principal Act—

continued.

children of a deceased contributor or pensioner or of the children of the widow or deceased wife of a deceased contributor or pensioner.”.

(b)

Section 17c (1a) —

After section 17c (1), insert:—

(1a) Subsection (1) does not apply in respect

of a pension payable pursuant to section 30 (2a),

31 (1b) or 33 in respect of a child or student.

(9) Section 21 (1a)—

Omit the subsection.

(10) Section 21AA (6 )—

After section 21aa (5), insert:—

(6) Where—

(a)	an election under section 21a was not made within the time prescribed in respect thereof by the foregoing provisions of this section;
(b)	the Board is satisfied that the election was not made within that time because—

(i)   the person entitled to make the election did not know of his right to make the election; or

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 5—continued.

Miscellaneous Amendments to the Principal Act—

continued.

(ii)   circumstances substantially beyond his control prevented his making the election; and

(c) the Board is satisfied that in the circum­ stances of the case it is desirable that the election should be accepted,

the Board may, subject to such terms and conditions as it may impose, accept the election and deal with it as if that time had been indefinitely extended.

(11) Section 32aa—

After section 32a, insert:—

32aa. Where— Extension of sec. 32a

(a)	a male employee died before his retirement, to certain whether before, on or after the commence- ^ “ and ami
ment of this section; wife die

contem-

(b)

his wife died at the same moment or after poraneously. uncertain which of them survived the other; and

(c) she died before a pension became payable to her under this Act consequent on his death,

he shall, for the purposes of section 32a as in force at any time, be deemed not to have been married at the time of his death.

(12) Sections 34, 34a, 35, 35a, 35b, 35c, 36—

Omit the sections.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 5—continued.

M isc ella n eo u s A m e n d m e n t s to the P r in c ipa l A c t—

continued.

(13) Section 47 a—

Omit the section.

(14) (a) Section 47c (3) (a )—

Omit “and”.

(b) Section 47c (3) (b )—

Omit “months,”, insert instead “months; and”. (c) Section 47c (3) (c)—

After section 47c (3) (b), insert;—

(c) his exit day is before the last day of the contribution period preceding that in which he would attain the maturity age,

(15) Sections 54, 55, 56, 57, 57a, 58, 59—

Omit the sections.

(16) (a) Section 61b (1), definition of “suspended part of

a pension”—

Omit “section 61i”, insert instead “section 33a or 611”.

(b) Section 61b (1), definition of “suspended pension”—

In paragraph (b), after “section”, insert “50 or”.

SCHEnilT E

Act No. 137, 1977.

Superannuation (A mendment).

SCHEDULE 5—continued.

M isc ella n eo u s A m e n d m e n t s to th e P r in c ipa l A c t -

continued.

(17) (a) Section 61f (2) (a )—

Omit “or”.

(b) Section 61f (2) (b), (c )—

Omit section 61f (2) (b), insert instead ;—

(b) section 50 had not been enacted; or

(c) section 94 had not been enacted,

(18) Section 75 (1) (b )—

Omit “fourteen”, insert instead “15”.

(19) Section 92 (5 )—

Omit the subsection.

(20) Section 93—

Omit “or in section 34”.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment) .

Sec. 5. SCHEDULE 6.

A m e n d m e n t to th e P r in c ipa l A c t , R e la tin g to the

T a bles o f C o n tr ib u tio n s .

Schedules VII-X—

Omit the Schedules, insert instead :—

Sec. IOau . s c h e d u l e VII.

Table A.

MEN.

Employee Contributions for Four Weeks.

{Contributors at 30th June, 1963.)

Age Next For Each Age Next For Each

Birthday. Additional Unit. Birthday. Additional Unit.

$ S

26	0.54	41	1.26
27	0.58	42	1.34
28	0.60	43	1.46
29	0.64	44	1 56
30	0.68	45	1.68
31	0.70	46	1.84
32	0.74	47	2.00
33	0.78	48	2.20
34	0.84	49	2.44
35	0.88	50	2.72
36	0.92	51	3.06
37	0.98	52	3.48
38	1.04	53	4.04
39	1.10	54	4.76
40	1.18	55	5.80

56-60 396.90 -h n

Note, n denotes the number of complete four-weekly contributions payable

before attainment of age 60.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6—continued.

A m e n d m e n t to th e P r in c ipa l A c t , R e l a t in g to th e

T a bles of C o n tr ib u tio n s— continued.

SCHEDULE W ll— c o n tin u e d .

Table B.

WOMEN.

E m p lo y e e C o n tr ib u tio n s fo r F o u r W e e k s .

{ C o n tr ib u to r s a t 3 0 th Ju n e , 1963.)

Retirement Retirement Retirement Retirement

Age Next	at age 55.	at age 60.	Age Next	at age 55.	at age 60.
Birthday.	For Each	For Each	Birthday.	For Each	For Each

Unit. Unit. Unit. Unit.

$ $ $ $

26	0.72	0.52	41	2.02	1.24
27	0 76	0.54	42	2.22	1.34
28	0.80	0.58	43	2.44	1.44
29	0.86	0.60	44	2.72	1.56
30	0.92	0.64	45	3.04	1.68
31	0.98	0.68	46	3.42	1.84
32	1.04	0.70	47	3.92	2.00
33	1.12	0.76	48	4.54	2.20
34	1.20	0.80	49	5.38	2.44
35	1.28	0.84	50	6.54	2.72

36	1.38	0.90	51	450.90 -f- «	3.08
37	1.48	0.96	52	450.90 ^ n	3.50

38	1.58	1.02	53	450.90	n	4.06
39	1.72	1.08	54	450.90	n	4.80
40	1.86	1.16	55	450.90	«	5.84

56-60 395.54-F R

Note, n denotes the number of complete four-weekly contributions payable

before attainment of maturity age (55 or 60, as the case may be).

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6—continued.

A m e n d m e n t to th e P r in c ipa l A c t , R e la tin g to t h e

T ables of C o n tr ib u tio n s— continued.

Sec. IOak. SCHEDULE VIII.

Table A.

MEN.

Employer Contributions for Four Weeks.

{Contributors at 20th June, 1963.)

Age Next For Each Age Next For Each

Birthday. Additional Unit. Birthday. Additional Unit.

S $

26	0.50	41	1.16
27	0.54	42	1.26
28	0.56	43	1.34
29	0.60	44	1.44
30	0.62	45	1.56
31	0.66	46	1.70
32	0.68	47	1.86
33	0.72	48	2.04
34	0.78	49	2.26
35	0.82	50	2.52
36	0.86	51	2.84
37	0.90	52	3.22
38	0.96	53	3.74
39	1.02	54	4.42
40	1.10	55	5.38

56-60 367.50 n

Note, n denotes the number of complete four-weekly contributions payable

before attainment of age 60.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6— continued.

A m e n d m e n t t o t h e P r in c ip a l A c t , R e l a t in g t o t h e

T a b l e s o f C o n t r ib u t io n s— continued.

SCHEDULE w m — c o n tin u e d .

Table B. WOMEN.

E m p lo y e r C o n tr ib u tio n s fo r F o u r W e e k s .

{C o n tr ib u to rs a t 3 0 th Ju n e , 1963.)

Retirement Retirement Retirement Retirement

Age Next	at age 55.	at age 60.	Age Next	at age 55.	at age 60.
Birthday.	For Each	For Each	Birthday.	For Each	For Each

Unit. Unit. Unit. Unit.

$ $ $ $

26	0.66	0.48	41	1.88	1.14
27	0 70	0.50	42	2.06	1.24
28	0.76	0.54	43	2.26	1.34
29	0.80	0.56	44	2.52	1.44
30	0.86	0.60	45	2.82	1.56
31	0.90	0.62	46	3.16	1.70
32	0.96	0.66	47	3.62	1.86
33	1.04	0.70	48	4.20	2.04
34	1.10	0.74	49	4.98	2.26
35	1.18	0.78	50	6.06	2 52

36	1.28	0.84	51	417.50 -4- n	2.84
37	1.36	0.88	52	417.50 ^ n	3.26

38	1.46	0.94	53	417.50	n	3.76
39	1.58	1.00	54	417.50 ^ n	4.44
40	1.72	1.08	55	417.50	n	5.40

56 to 60 366.26 n

Note, n denotes the number of complete four-weekly contributions payable

before attainment of maturity age (55 or 60, as the case may be).

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment) .

SCHEDULE 6—continued.

A m e n d m e n t to th e P r in c ipa l A c t , R e l a t in g to t h e

T a bles of C o n tr ib u tio n s— continued.

Sec. IOad. SCHEDULE IX.

Table A.

MEN.

E m p lo y e e C o n tr ib u tio n s fo r F o u r W e e k s .

{ C o n tr ib u to r s a fte r 3 0 th Ju n e , 1963.)

For Each For Each

Age Next For First Age Next For First

Additional Additional

Birthday. 2 Units. Birthday. 2 Units.

Unit. Unit.

$ $ $ $

16	0.86	0.42	36	2.46	1.16
17	0.94	0.44	37	2.62	1.24
18	0.98	0.46	38	2.74	1.30
19	1.04	0.48	39	2.92	1.40
20	1.10	0.52	40	3.12	1.50
21	1.16	0.54	41	3.32	1.60
22	1.22	0.56	42	3.54	1.70
23	1.28	0.60	43	3.80	1.84
24	1.32	0.62	44	4.08	1.98
25	1.40	0.66	45	4.38	2.12
26	1.44	0.68	46	4.76	2.32
27	1.54	0.72	47	5.18	2.52
28	1.62	0.76	48	5.68	2.76
29	1.70	0.80	49	6.28	3.06
30	1.80	0.86	50	6.96	3.40
31	1.90	0.90	51	7.84	3.84
32	2.02	0.94	52	8.94	4.38
33	2.12	1.00	53	10.32	5.06
34	2.24	1.06	54	12.16	5.98
35	2.34	1.10	55	14.74	7.26

56-60 999.36 -F n 493.28 -F r

Note, n denotes the number of complete four-weekly contributions payable

before attainment of age 60.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6—continued.

A m e n d m e n t to t h e P r in c ipa l A c t , R e l a t in g to th e

T a bles o f C o n tr ib u tio n s— continued.

SCHEDULE JX— continued.

Table B.

WOMEN.

Employee Contributions for Four Weeks.

{Contributors after 30th June, 1963.)

Retirement Retirement Retirement Retirement

Age Next	at age 55.	at age 60.	Age Next	at age 55.	at age 60.
Birthday.	For Each	For Each	Birthday.	For Each	For Each

Unit. Unit. Unit. Unit.

$ $ $ $

16	0.46	0.34	36	1.62	1.06
17	0.48	0.36	37	1.74	1.14
18	0.52	0.38	38	1.88	1.20
19	0.54	0.40	39	2.02	1.28
20	0.58	0.42	40	2.20	1.38
21	0.62	0.46	41	2.40	1.46
22	0.66	0.48	42	2.62	1.58
23	0.70	0.50	43	2.90	1.70
24	0.76	0.54	44	3.22	1.84
25	0.82	0.58	45	3.60	2.00
26	0.86	0.62	46	4.06	2.18
27	0.90	0.64	47	4.64	2.38
28	0.96	0.68	48	5.38	2.62
29	1.02	0,72	49	6.38	2.90
30	1.10	0.76	50	7.76	3.22

31	1.16	0.80	51	534.40 F n	3.64
32	1.24	0.84	52	534.40 F n	4 16
33	1.32	0.90	53	534.40 F n	4.82
34	1.42	0.94	54	534.40 F n	5.70
35	1.50	1.00	55	534.40 F n	6.92

56-60 468.80 -r ft

N ote, n denotes the number of complete four-weekly contributions payable

before attainment of maturity age (55 or 60, as the case may be).

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6— continued.

A m e n d m e n t to t h e P r in c ipa l A c t , R e l a t in g to th e

T a bles o f C o n tr ib u tio n s— continued.

Sec. IOak. SCHEDULE X.

Table A.

MEN.

Employer Contributions for Four Weeks.

{Contributors after 30th June, 1963.)

For Each For Each

Age Next For First Age Next For First

Additional Additional

Birthday. 2 Units. Birthday. 2 Units.

Unit. Unit.

$ $ $ $

16	0.54	0.26	36	1.54	0.72
17	0.58	0.28	37	1.62	0.78
18	0.62	0.28	38	1.72	0.82
19	0.66	0.30	39	1.82	0,88
20	0.68	0 32	40	1.96	0.94
21	0.72	0.34	41	2.06	1.00
22	0.76	0.36	42	2.22	1.06
23	0.80	0.38	43	2.36	1.14
24	0.84	0.40	44	2.56	1.24
25	0.86	0.40	45	2.74	1.32
26	0.90	0.42	46	2.96	1.44
27	0.96	0.46	47	3.24	1.58
28	1.02	0.48	48	3.56	1.72
29	1.06	0.50	49	3.92	1.92
30	1.12	0.54	50	4.36	2.12
31	1.20	0.56	51	4.90	2.40
32	1.26	0.58	52	5.58	2.74
33	1.32	0.62	53	6.46	3 16
34	1.40	0.66	54	7.60	3.74
35	1.48	0.70	55	9.22	4.54

56-60 624.60 -t- n 308.30 n

Note, n denotes the number of complete four-weekly contributions payable

before attainment of age 60.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 6—continued.

A m e n d m e n t to t h e P r in c ipa l A c t , R e l a t in g to th e

T a bles o f C o n tr ib u tio n s— continued.

SCHEDULE X—continued.

Table B.

WOMEN.

Employer Contributions for Four Weeks.

(Contributors after 30th June, 1963.)

Retirement Retirement Retirement Retirement

Age Next	at age 55.	at age 60.	Age Next	at age 55.	at age 60.
Birthday.	For Each	For Each	Birthday.	For Each	Foi Each

Unit. Unit. Unit. Unit.

$ $ $ $

16	0.28	0.20	36	1.02	0.66
17	0.30	0.22	37	1.10	0.70
18	0.32	0.24	38	1.18	0.76
19	0.34	0.26	39	1.26	0.80
20	0.36	0.26	40	1.38	0.86
21	0.40	0.28	41	1.50	0.92
22	0.42	0.30	42	1.64	1.00
23	0.44	0.32	43	1.80	1.06
24	0.48	0.34	44	2.00	1.16
25	0.50	0.36	45	2.26	1.26
26	0.54	0.38	46	2.54	1.36
27	0.56	0.40	47	2.90	1.48
28	0.60	0.42	48	3.36	1.64
29	0.64	0.46	49	3.98	1.80
30	0.68	0.48	50	4.86	2.02

31	0.72	0.50	51	334.00 “7" ij	2.28
32	0.78	0.52	52	334.00 -4 - n	2.60
33	0.82	0.56	53	334.00 ^ n	3.00
34	0.88	0.60	54	334.00 - 4 - n	3.56
35	0.94	0.62	55	334.00 - 4 - n	4.32

56-60 ■■ 293.00 -4- n

Note, n denotes the number of complete four-weekly contributions payable

before attainment of maturity age (55 or 60, as the case may be).

SCHEDULE

46  Act No. 137, 1977.

Superannuation {Amendment).

Sec. 5. SCHEDULE 7.

Amendments to the Principal Act, Consequent o n

THE Variation of the Tables of Contributions.

(1) Section IOad (3 )—

Omit the subsection.

(2) Section IOad (6 )—

After section IOad (5), insert :—

(6) The substitution of Schedules VII and IX by the Superannuation (Amendment) Act, 1977, does not affect the rate of contribution on or after 13tb January, 1978, for any unit of pension where con­ tributions for the unit have been paid, or are payable, in accordance with this Act in respect of any period before that date.

(3) Section IOak (5 )—

After section IOak (4), insert :—

(5) The substitution of Schedules VIII and X by

the Superannuation (Amendment) Act, 1977, does not affect the rate of contribution on or after 13th January, 1978, for any unit of pension where con­ tributions for the unit have been paid, or are payable, in accordance with this Act in respect of any period before that date.

(4) Section 37—

Omit the section, insert instead :—

Choice of	37. (1) In the case of the retrenchment of an
retrench­

ment	employee who was a contributor at 30th June, 1963,
benefits.	he shall, if he elects under section 38b to take the

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment) .

SCHEDULE 7—continued.

Amendments to the Principal Act, Consequent on THE Variation of the Tables of Contributions —continued.

benefit of this section instead of section 38a, be en­ titled to choose at the time of making that election either—

(a) a lump sum payment equal to three and one-half times the sum of—

(i)   the contributions paid by him under this Act (but without interest) be­ fore 13th January, 1952; and

(ii)   ten-elevenths of the contributions paid by him under this Act (but without interest) on or after 13th January, 1952,

in determination of all rights given by this

Act (subsection (4) excepted); or

(b) such pension as is determined by the Board to be the equivalent of the contributor’s rights in the Fund.

(2) In the case of the retrenchment of an

employee who became or becomes a contributor on or after 1st July, 1963, he shall, if he elects under section 38b to take the benefit of this section instead of section 38 a , be entitled to choose at the time of making that election either—

(a) a lump sum payment equal to two and one- half times the contributions paid by him under this Act (but without interest), in determination of all rights given by this Act (subsection (4) excepted); or

SCHEDULE

48   Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 7—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , C o n seq u en t on

THE V a riation o f th e T ables of Co n tribu tio n s

—continued.

(b) such pension as is determined by the Board to be the equivalent of the contributor’s rights in the Fund.

(3) In default of an employee’s choice under

subsection (1) or (2), the Board shall determine the

matter.

(4) An employee entitled to—

(a)	a lump sum payment under subsection (1) (a) is also entitled to a lump sum payment equal to two and one-half times an amount equal to ten-elevenths of the contributions; or
(b)	a lump sum payment under subsection (2) (a) is also entitled to a lump sum payment equal to one and one-half times an amount equal to the contributions,

that would have been payable by him under this Act in respect of each of the reduced value units allocated to him, had each such reduced value unit been held by him as a contributory unit as from the earliest of the times that he is deemed by section 47c (6) to have held the reduced value unit.

(5) Where an employee who has been

retrenched and is in receipt of a pension thereafter

enters the service of an employer—

(a) the pension shall not cease to be payable;

SCHEDULE

Act No. 137, 1977.

Superannuation (Amendment).

SCHEDULE 7— continued.

Amendments to the Principal Act, Consequent on THE Variation of the Tables of Contributions —continued.

(b)	the employee shall contribute as provided in Part III; and
(c)	the employee shall not be entitled to count his service prior to retrenchment as service for the purpose of any other pension or benefit under this Act.

(6) Where an employee who has been

retrenched and has received a lump sum under this section, as in force at any time, thereafter enters the service of an employer, he is not entitled to claim any further benefit in respect of his previous service unless he complies with section 38c.

(7) Where an employee who was a contributor

at 30th June, 1963, and who has been retrenched, is entitled to the lump sum payment under subsection (1) (a) or elects under section 38b to take the benefit of section 38a instead of this section, the employer from whose service the employee has been retrenched shall pay to the Fund on requisition by the Board a lump sum equal to the difference between—

(a) one and one-half times the sum of—

(i)   the contributions paid by the employee under this Act before 13 th January, 1952; and

(ii)   ten-elevenths of the contributions paid by the employee under this Act on or after 13th January, 1952; and

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 7—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , C o n seq u en t on

THE V ariation o f t h e T ables o f C o n tr ib u tio n s

continued.

(b) one-eleventh of the contributions paid by the employee under this Act on or after that date.

(8) Where an employee who became or becomes a contributor on or after 1st July, 1963, and who has been retrenched, is entitled to the lump sum payment under subsection (2) (a) or elects under section 38b to take the benefit of section 38a instead of this section, the employer from whose service the employee has been retrenched shall pay to the Fund on requisition by the Board a lump sum equal to seven-eighths of the amount of contributions paid by the employee under this Act.

(9) Where a lump sum is payable to an employee under subsection (4), the employer from whose service the employee has been retrenched shall pay to the Fund on requisition by the Board a lump sum equal to the firstmentioned lump sum.

(10) For the purposes of this section, contri­ butions paid to the Fund under section 3 of the Superannuation (Amendment) Act, 1951, as in force at any time, shall be deemed to have been paid to the Fund under this Act.

(5) Section 38a (3 )—

Omit “subsection (5) or (5a) of section 37”, insert instead “section 37 (7) or (8 )”.

Act No. 137, 1977.

Superannuation {Amendment).

SCHEDULE 7—continued.

A m e n d m e n t s to th e P r in c ipa l A c t , C o n seq u en t on

THE V ariation of th e T ables of C o n tribu tio n s

—continued.

(6) Section 47c (6 )—

Omit “37 (2 a ) ” , insert instead “37 (4 )”.

SCHEDULE 8. Sec.6.

A m e n d m e n t s to th e Su pe r a n n u a tio n (A m e n d m e n t )

A c t , 1951, R ela tin g to th e R ates of C o n tr ib u tio n s .

(1) Section 3—

Omit the section.

(2) (a) Section 4 (2) (a) —

Omit “contributions made to the fund by the pensioner or deceased pensioner or contributor pursuant to section three of this Act”, insert instead “one-eleventh of the total contributions paid to the fund on or after 13th January, 1952, by the pensioner or deceased pensioner or contributor”.

(b) Section 4 (4) —

Omit the subsection.

SCHEDULE

Act No. 137, 1977.

Superannuation {Amendment).

Sm .7. SCHEDULE 9.

Savings and Transitional Provisions.

1.         Where a pension was payable immediately before the commence­

ment of Schedule 4 by virtue of the provisions of section 30 (5) or (6) or section 31 (4) or (5) of the Principal Act, the entitlement of any person to the pension continues notwithstanding the omission of those provisions by section 5 and Schedule 4.

2.

respect of a pension referred to in clause 1 as if it were a pension

under section 30 or 31, as the case may require, thereof.

The Principal Act, as amended by this Act, applies to and in

3.

Act continues notwithstanding the omission of any section of that

Act by section 5 and Schedule 5

The entitlement of any person to a pension under the Principal