Superannuation and Family Benefits Act Amendment Act 1950 (WA)
1950.] Superannuation and Family Benefits. [No. 39.
SUPERANNUATION AND FAMILY
BENEFITS.
14` and 15° Geo. VI., No. XXXIX.
No. 39 of 1950.
AN ACT to amend the Superannuation and Family Benefits Act, 1938-1947.
[Assented to 18th December, 1950.]
RE it enacted by the King's Most Excellent
Majesty, by and with the advice and consent
of the Legislative Council and the Legislative
Assembly of Western Australia, in this present
Parliament assembled, and by the authority of
the same, as follows:-
1. This Act may be cited as the Superannuation short title.
and Family Benefits Act Amendment Act, 1950, and shall be read as one with the Superannuation and Family Benefits Act, 1938-1947 (Act No. 34 of 1938 reprinted with amendments to and including Act No. 55 of 1945 incorporated pursuant to the provi- sions of the Amendments Incorporation Act, 1938, and further amended by Act No. 65 of 1947) herein- after referred to as the principal Act.
| 2. | This Act shall come into operation on a date Commence- | ment. |
to be fixed by Proclamation.
| be cited as the Superannuation and Family Benefits aAn te laasd e | 3. | The principal Act as amended by this Act may principal |
by this Act.
Act, 1938-1950.
No. 39.] Superannuation and Family Benefits. [1950.
s. 6 amended. 4. Section six of the principal Act is amended by
adding after the word "fixed" in line five of the interpretation, "The maximum age for retirement" the words "and means in the case of a female electing to become a contributor after the coming into operation of the Superannuation and Family Benefits Act Amendment Act, 1950, the age of sixty years".
| s. 32A added. | 5. The following section is added to the principal |
Act:—
Contribu-
| tions where | 32A. (1) In this section |
| employee |
| formerly | "former employee" means a person who |
| contributed |
| to similar | immediately prior to his becoming an |
| fund in the | |
| service of | employee within the meaning of this |
| the C'th | |
| and certain | Act, was a contributor to a similar |
| States. | |
| fund; |
"former employment" means employment by the Commonwealth or the State of New South Wales, Victoria, South Aus- tralia or Tasmania;
"similar fund" means a fund or account established under the law applying to the former employment and providing for superannuation or other like bene- fits for persons employed in the former employment similar to the purposes of The Fund established pursuant to this Act.
(2) Notwithstanding the provisions of section
thirty-five of this Act, a former employee
| (a) | who has received or is entitled to receive payment of an amount which is in satisfaction of contributions made by him to a similar fund and which is in lieu of -pension or like benefits; |
| (b) | who is appointed as an employee with- in the meaning of this Act; |
| (c) | who within three months of that appointment elects to contribute under the provisions of this Act to The Fund; |
1950.] Superannuation and Family Benefits. [No. 39.
| (d) | who pays or causes to be paid, that amount or such part of that amount as in the circumstances of the em- ployee's case is determined by an Actuary appointed by the Board, into The Fund; and |
| (e) | who makes contributions to The Fund as provided by the tables referred to in section forty-two of this Act, but according to the age at which he com- menced contributing to the similar fund; |
shall be entitled to pension and benefits pur-
suant to the provisions of this Act.
(3) (a) The operation of the last two preced-
ing subsections shall not
increase the rates of contribution which would have been payable by contributors; or diminish or otherwise detrimentally affect pensions and benefits which would have been payable and conferred
under the provisions of this Act, if those sub-
sections had not been included in this Act.
(b) Where, but for the provisions of the last preceding paragraph, that operation would have necessitated
an increase in those rates in order to main- tain those pensions and benefits without diminution or other detrimental effect
the State shall pay into The Fund, such amounts as an Actuary certifies are requisite to give effect to that operation, but subject to the provisions of the last preceding paragraph.
| 6. Paragraph (a) of subsection (3) of section thirty-six of the principal Act is amended by adding after the word "contribution" in lines five and six the words "before the anniversary of his initial con- tribution next". | s. 36 |
| amended. |
7. Subsection (5) of section thirty-seven of the amended
principal Act is amended by deleting the words "then subject to subsection (2) of this section" in lines five and six.
No. 39.] Superannuation and Family Benefits. [1950.
s.40
The second proviso to section forty of the
principal Act is amended by deleting the word "com-
pound" in line nine.
| amended. | 8. |
s. 44
Subsection (2) of section forty-four of the principal Act is amended by substituting the words "two and one-half times" for the word "twice" appearing firstly in line three and secondly in line six.
| amended. | 9. |
a. 46A
| amended. | 10. Subsection (1) of section forty-six A of the principal Act is amended by adding after the word "one-quarter" in line seven, the words "of the amount of the pension which but for that Act would have been payable pursuant to the provisions of the Superannuation and Family Benefits Act, 1938- 1947". |
| 6: 57 |
11. Section fifty-seven of the principal Act is
amended.
amended by
| (a) | substituting for the words "living with" in lines six and seven of subsection (2), the words "who is being wholly maintained by"; |
| (b) | adding after the word "years" in line eight the words "or ceases to be wholly main- tained by her, whichever happens first, and on or after the coming into operation of the Superannuation and Family Benefits Act Amendment Act, 1950, the annual payment shall be increased by payment from The Fund, but not from the Consolidated Revenue Fund, at the rate of two shillings and sixpence per week but where during any period that the child is being wholly maintained by a person or body other than the widow the annual payment shall be made to that person or body". |
| (c) | adding after the word "years" in line nine of subsection (3) the words "and on and after the coming into operation of the Superannuation and Family Benefits Act Amendment Act, 1950, the annual payment shall be increased by payment from The |
1950.] Superannuation and Family Benefits. [No. 39. Fund but not from the Consolidated Revenue Fund at the rate of two shillings and sixpence per week".
8.59
| 12. Paragraph (b) of section fifty-nine of the principal Act is amended by deleting all words between the word "contributor" in line six and the word "and" in line twelve. | amended. |
| The first proviso to subsection (1) of section sixty of the principal Act is amended by substitut- ing for all words in lines nine, ten, eleven and twelve, the words 'pension calculated by adding the actu- arial equivalent of the contributions made or to be made by him to the share of pension which would have been payable by the State if he had continued to pay contributions until he attained the maximum age for retirement". | s. 60 |
| amended. | |
| s. 62 | |
| 14. Section sixty-two of the principal Act is amended by | amended. |
13.
| (a) | substituting for the word, "are" in line three of paragraph (b) of subsection (1), the word "is"; |
| (b) | adding after the word "years" in line three of paragraph (b) of subsection (1) the words "and who is being wholly maintained by her"; |
| (c) | adding after the word "attained" in line five of paragraph (b) of subsection (1) the words "or until the child ceases to be wholly maintained by her, whichever happens first, and on and after the coming into operation of the Superannuation and Family Benefits Act Amendment Act, 1950, the pension payable in respect of the child shall be increased by payment from The Fund but not from the Consolidated Revenue Fund at the rate of two shillings and sixpence per week but where during any period that the child is being wholly maintained by a person or body other than the widow the annual payment shall be made to that person or body"; |
No. 39.] Superannuation and Family Benefits. [1950.
| (d) | substituting for the word "are" in line four of subsection (2) the word "is"; |
| (e) | adding after the word "attained" in line six of subsection (2) the words "and on and after the coming into operation of the Superannuation and Family Benefits Act Amendment Act, 1950, the pension payable in respect of the child shall be increased by payment from The Fund but not from the Consolidated Revenue Fund at the rate of two shillings and sixpence per week". |
s. 63
| amended. | 15. Section sixty-three of the principal Act |
is amended by
| (a) | substituting for the word "are" in line three of paragraph (b) of subsection (1) the word "is"; |
| (b) | adding after the word "years" in line three of paragraph (b) of subsection (1) the words "and who is being wholly main- tained by her"; |
| (c) | adding after the word "attained" in line five of paragraph (b) of subsection (1) the words "or until the child ceases to be wholly maintained by her, whichever happens first, and on and after the coming into operation of the Superannuation and Family Bene- fits Act Amendment Act, 1950, the pension payable in respect of the child shall be increased by payment from The Fund but not from the Consolidated Revenue Fund at the rate of two shillings and sixpence per week but where during any period that the child is being wholly maintained by a person or body other than the widow the annual payment shall be made to that per- son or body". |
| (d) | substituting for the word "are" in line four of subsection (2) the word "is"; |
1950.] Superannuation and Family Benefits. [No. 39.
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