Superannuation and Family Benefits Act Amendment Act 1945 (WA)

No. 55.] Superannuation and Family Benefits. [1945.

SUPERANNUATION AND FAMILY

BENEFITS.

9° and 10° GEO. VI., No. LV.

No. 55 of 1945.

AN ACT to amend the Superannuation and Family

Benefits Act, 1938-1939.

[Assented to 30th January, 1946.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as f ollows

Short title. 1. This Act may be cited as the Superannuation and

of, No. 43 of

1939, s. 19.	Fanvily Benefits Act Amendment Act, 1945, and shall be read as one with the Superannuation and Family Benefits Act, 1938-1939 (No. 34 of 1938 as amended by the Act No. 43 of 1939), hereinafter referred to as the principal Act.
Amendment
of e. 6.	2. (1) Subject to subsection (2) of this section, sec- tion six of the principal Act is amended as follows :—

(a) By inserting in subsection (1) after the defini-

tion of "actuary" a definition as follows :—

"Actuarial reserve portion of contribu- tions" means the balance deemed to remain in the Fund to meet future risks after the estimated value of the risks carried by the Fund during the period of contributions has been assessed on an actuarial basis.

1945.	]	Superannuation and Family Benefits. [No. 55.
(b)	By deleting from paragraph (i) of the proviso to the second paragraph of the definition of "Department" in subsection (1) the word "Treasurer" where it appears in lines eleven and fourteen respectively of such paragraph (i) and inserting in lieu thereof in each case the words "Board on behalf of the State."
(c)	By inserting in subsection (1) after the definition of "employee" a new definition as follows :— "Local authority" means a municipal coun-

cil or a road board.

(2) Paragraph (b) of subsection (1) of this section shall have effect and be deemed to have had effect and to have been in operation as from and including the twentieth day of December, One thousand nine hundred and thirty-nine.

3. (1) Subject to subsection (2) of this section, a New section'

section is inserted in the principal Act after section six

and in the same Part as that section as follows :—

6A. Where by any law of this State provision is rsercittoof made in relation to permanent employees of local roingloyees of authorities for the adoption or establishment of a authorities. scheme of superannuation and family benefits on a

voluntary and contributory basis to operate within the provisions of this Act, and any local authority and the permanent employees thereof acting in pur- suance of the provision of such law elect to partici- pate in such a scheme, then, notwithstanding any- thing to the contrary contained in this Act, and in order to give effect to the provisions of the law afore- said, but subject as in this section hereafter provided, the provisions of this Act shall, so far as may be necessary, apply and, with such adaptations thereof as may be requisite, be made applicable to such employees and to such local authority as if the employees of the local authority were employees within the meaning of this Act employed in a depart- ment.

Provided that

(a) the extension of the provisions of this Act as

in this section provided for shall not take

No. 55.] Superannuation and Family Benefits. [1945.

effect in respect of any local authority or the employees of any local authority unless and until the . Governor shall by notice in

the Government Gazette declare that in rela-

tion to the local authority named in such notice and to the employees of such local authority the provisions of this section shall operate and have effect ; and

(b) nothing in this section or elsewhere in this Act shall create or be construed as creating any liability on the part of the State to contri- bute towards the cost of a pension payable or paid under this Act by virtue of this section in respect of any employee of a local authority who in accordance with the pro- visions of any other law aforesaid and of this section becomes a contributor under this Act or to contribute towards the cost of administration in connection with the pay- ment of such pension; and the State shall not incur any liability whatsoever in rela- tion to such employee or such pension, or such cost.

(2) Subsection (1) of this section shall come into operation and take effect on a date to be fixed by procla- mation.

Amendment

of 8. 8. 4.

Section eight of the principal Act is amended by deleting from subsection (2) the words "one shall be the Government Actuary and" in lines one and two of such subsection.

Amendment

of s. 9. 5.

Section nine of the principal Act is amended by deleting subsection (1) and inserting in lieu thereof, a

subsection as follows :—

(1) Subject to subsection (4) of section eight of this Act, the members of the Board may be ap- minted for any period not exceeding seven years, and every member shall be eligible for re-appointment.

1945.] Superannuation and Family Benefits. [No. 55.

6. Section ten of the principal Act is amended as fol- Amendment of s. 10,

lows:

(a) By deleting from paragraph (ii) of the proviso to the section the word "and" at the end of such paragraph (ii);

(b) by deleting paragraph (iii) of the said proviso.

7. Section eleven of the principal Act is amended b y Amendment

deleting the proviso thereto.

8. (1) Subject to subsection (2) of this section, sec- -o^;":"grt

tion twenty-three of the principal Act is amended by in- serting in subsection (1) after the word "Act" in line six of such subsection the words "and any 'employer' pay- ments , made on behalf of the State for the purposes of this Act in pursuance of paragraph (i) of the proviso to the second paragraph of the definition of 'department' in section six of this Act".

(2) Subsection (1) of this section shall have effect and be deemed to have had effect and to have been in opera- tion as from and including the twentieth day of Decem- ber, one thousand nine hundred and thirty nine.

9. (1) Subject to subsection (2) of this section, sec- N"setem

tion thirty-one of the principal Act is amended as follows:

(a) by inserting at the beginning of the section after

the section number the figure "1" in brackets

as follows--" (1) ";

b) by adding to the section subsections as follows:—

(2) Notwithstanding the provisions of sub-

section (1) of this section but subject to sub-

sections (3) and (4) of this section, any em-

ployee employed at the commencement of this

subsection and any person who later becomes

an employee, and who wishes to become a con-

tributor under this Act, may at any time, pro-

vided lie is still an employee, elect to become

a contributor and become such a contributor

by giving to the Board notice of such election

in the prescribed form.

(3) Before making his election under sub-

section (2) of this section, the employee shall

submit himself for medical examination as to

No. 55.] Superannuation and Family Benefits. [1945.

his mental and physical health, and shall not be eligible or entitled to become a contributor unless and until he has on a date not earlier than one month prior to the date of lodgment of the notice of his election, submitted himself for the said medical examination and has been certified by a duly qualified medical practi- tioner to be free from mental and physical in- firmity likely to affect seriously and pre- judicially a reasonable expectation of life in such employee.

(4) The provisions of subsection (6) of sec- tion thirty-six of this Act shall not apply to an employee who elects under subsection (2) of this section to become a contributor under this Act; and upon becoming such a contri- butor such employee shall contribute to the Fund at the rate appropriate to his age pres- cribed in the appropriate schedule to this Act.

(2) Subsection (1) of this section shall come into operation and take effect on a date to be fixed by proc- lamation.

Amendment

of s. 30. 10. (1) Subject to subsection (2) of this section, sec- tion thirty-six of the principal Act is amended as fol- lows

(a) By inserting in subsection (1) after the word "the" in line four of such subsection, the word "maximum";

(b) by deleting from subsection (1) the word "shall" where it appears after the word "con- tributor" in line five of such subsection, and inserting in lieu thereof the word "may";

(c) by deleting subsection (4) and inserting in lieu thereof a subsection as follows :—

(4) where an employee enters the service after the commencement of this subsection and becomes a contributor, the Board may grant an application by him for a number of units less than the relative number for his salary-group as shown in the scale in sub- section (1) of this section;

1945.] Superannuation and Family Benefits. [No. 55. (d) by deleting from paragraph (b) of subsection (5) the word "shall" in line one of such para- graph (b) and inserting in lieu thereof the word "may."

(2) Subsection (1) of this section shall come into operation and take effect on a date to be fixed by proc- lamation.

11.    (1.) Subject to subsection (2) of this section, sec- =rent

tion thirty-seven of the principal Act is repealed, and a Repeal and	new section.
section is inserted in lieu thereof as follows:-

37. (1) Notwithstanding anything to the con- excess n x ess of two

trary contained in this Act, it shall be optional for u:Asnal.

an employee who becomes a contributor to contri- bute for more than two units of pension; but the total number of units shall not exceed the prescribed number for the salary-group of the contributor con- cerned, as shown in the scale in subsection (1) of section thirty-six of this Act.

(2) Subsection (1) of this section may be applied to any employee who has already become a contri- butor at the commencement of this section. In any such case the provisions of sections thirty-eight and forty-six A of this Act shall apply and have effect.

(2) Subsection (1) of this section shall come into operation and take effect on a date to be fixed by proc- lamation.

12.   Section thirty-eight of the principal Act is .:)1.finsen3d8m eat

amended by deleting the words "payments for paid-up pensions to be actuarially calculated" in lines nine and ten, and inserting in lieu thereof the words "contribu- tions in respect of the reduced pension."

13.    (1) Subject to subsection (2) of this section, sec- MeArent

tion forty-two of the principal Act is amended by adding

thereto a proviso as follows:

Provided that where in accordance with para- graph (i) of the proviso to the second paragraph of the definition of "Department" in section six of this Act, fortnightly payments have been made to the Board on behalf of the State on account of the pen- sion to which such contributor is entitled under this Act, the liability of the State in respect of the pen-

No. 55.] Superannuation, and Family Benefits. [1945.

sion payable to such contributor under this section and section forty-three of this Act shall be deemed to be satisfied and discharged to the extent to which the said fortnightly payments have already been made as aforesaid.

(2) Subsection (1) of this section shall have effect and be deemed to have had effect and to have been in opera- tion as from and including the twentieth day of Decem- ber, one thousand nine hundred and thirty-nine.

Amendment

of s. 56. 14. (1) Subject to subsection (2) of this section, sec- tion fifty-six of the principal Act is amended as follows:

(a)	by inserting after the section number at the be- ginning of the section the figure "1" in brackets as follows:—" (1) ";
(b)	by adding to the section new subsections as fol- lows:—

(2) As an alternative to the acceptance by him of a pension according to the number of units for which he was contributing at the time of his retirement, a contributor may either

accept a pension for two or more units with a refund of the actual amount of his contributions for the units in excess of the number of units represented by such re- duced pension; or

(a)

(b) waive his entitlement to a pension under this Act and accept from the Board a refund of the actual amount of the contributions made by him as a contributor.

(3) The contributor shall make his choice of the benefit under this section which he de- sires to take, and shall give to the Board notice thereof in writing in the prescribed form within one month after he is notified of the proposed retirement or within such fur- ther period as the Board may allow.

(2) Subsection (1) of this section shall come into operation and take effect on a date to be fixed by pro- clamation.

Amendment 15. Section sixty-three of the principal Act is amended by deleting from subsection (1) the word "actual" in line five of such subsection

nt s. 63.

1945.] Superannuation and Family Benefits. [No. 55.

16. (1) Subject to subsection (2) of this section, a New section.

section is inserted in the principal Act after section sixty-

three as follows:—

63A. Notwithstanding anything to the contrary Refunds.

contained in this Act or in any other Act and save and except as regards refunds of contributions made under the provisions of subsection (2) of section fifty-six of this Act, wherever in any provision in this Act it is enacted that a contributor shall be en- titled to have refunded or paid to him or to his per- sonal representative (as the ease may be) the amount or amounts of contributions made by such contri- butor in accordance with the provisions of tills Act, the refund or payment made to such contributor or to his personal representative shall represent the actuarial reserve portion of such contributions. Pro- vided that before any such refund or payment afore- said is made by the Board there shall be deducted therefrom

(a)	any sum of money due and payable by or in respect of the contributor to the Board or to the State; and
(b)	any sum received by the contributor as pen- sion under section fifty-seven of this Act; but such deduction shall not in any case reduce the sum to be paid to the contributor below the amount of the actuarial reserve portion of the contributions made by the contributor subsequently to the receipt by him of the amount then last paid to him as pension.

(2) Subsection (1) of this section shall come into operation and take effect on a date to be fixed by proc- lamation.

17. Section sixty-six of the principal Act is amended °ten:slue:at

by deleting from subsection (3) all the words contained in such subsection after the word "contained" in line two thereof, and inserting in lieu thereof the words "in the Public Trustee Act, 1940."

No. 55.] Superannuation and Family Benefits. [1945.

Amendment

of s. 73. 18. Section seventy-three of the principal Act is

amended by adding thereto subsections as follows :—

Breakdown	(4) Before any such pensioner shall leave this State, he shall.submit to the Board a certificate from
pensioner
pens

leaving the

State. a duly qualified medical practitioner indicat- ing the need of the pensioner to leave the State; and in any such case the continuance of the payment of pension to the pensioner shall be subject to the approval of the Board to the pensioner leaving this State being first obtained.

Breakdown	(5) If a person who has retired through invalidity
Pensioner

engaging in	as provided for in section fifty-seven of this
employment
or business.	Act, engages in employment, or in any occu- pation or business on his own account, the Board may, if it thinks fit, cancel the pension payable to such person or reduce the amount of such pension to any amount which in its opin- ion the circumstances of the case warrant.
Amendment

of s. 75. 19. Section seventy-five of the principal Act is amended by adding to subsection (1) a proviso as fol- lows :-

Provided that the cancellation provided for in this section shall not be imposed or be effective during that or those portions of the period of , employment or re-employment aforesaid which constitute the equivalent of the first twenty-eight working days in each twelve-monthly period of such period of the said employment or re-employment.

validation. 20. (1) Insofar as any matter or thing has been done in pursuance of the provisions of the principal Act prior to the passing of this Act which at the time of the doing thereof was not or may not have been authorised by the principal Act as then in force, but which if done after the relevant provisions of this Act shall have come into operation and taken effect would be authorised by the principal Act as amended by this Act, the doing of such 'matter or thing shall be and is hereby confirmed and validated.

1945.] Superannuation and Family Benefits. [No. 55.

(2) Any adjustments and other arrangements in rela- tion to any matter or thing, which by subsection (1) of this section is confirmed or validated, may be made or effected after the relevant provisions of this Act shall have come into operation and taken effect wherever necessary in order to give effect retrospectively to the provisions of the principal Act as amended by this Act.

21. The principal Act as amended by this Act may be principal ActCitation of

cited as the Superannuation and Family Benefits Act,	as amended.
1938-1945.