Superannuation and Family Benefits Act Amendment Act 1961 (WA)

1961.] Superannuation and Family [No. 50.

Benefits.

SUPERANNUATION AND

FAMILY BENEFITS.

10° Elizabeth II., No. L.

No. 50 of 1961.

AN ACT to amend the Superannuation and Family

Benefits Act, 1938-1960.

[Assented to 23rd November, 1961.]

BE it enacted by the Queen's Most ExcellentMajesty, 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. (1) This Act may be cited as the Superannua- tion and Family Benefits Act Amendment Act, 1961.	Short title
and citation.

(2) In this Act the Superannuation and Family Vol. 13 of the Reprinted

Benefits Act, 1938-1960, is referred to as the principal Acts

Approved for

Act.

reprint,

11th August,

(3) The principal Act as amended by this Act amended by

may be cited as the Superannuation and Family Acts Nos.	19 of /958 two
Benefits Act, 1938-1961.	61 of 1960.

No. 50.] Superannuation and Family [1961.

Benefits.

S.3

amended. 2.

Section three of the principal Act is amended by substituting for the passage, "Division 6—ss. 83A-83B—The Provident Account" in lines thirty- two and thirty-three the following

PART VA.—ss. 83A-83L—THE PROVIDENT FUND.

Division 1—ss. 83A-83AA—General.

Division 2—ss. 83413-83B—Subscribers.

Division 3—ss. 830-83L—Contributors.

S. 6

amended. 3.

Section six of the principal Act is amended by substituting for the passage, "Part V" in line two of the interpretation "the Provident Account", the passage, "Part VA".

S. 59

amended.	4. Section fifty-nine of the principal Act is amended by substituting for the words, "attained that age" in the third-last and fourth-last lines of paragraph (a) the words, "ceased duty".
S. 60

amended. 5.

Section sixty of the principal Act is amended

by adding after subsection (2) the following sub-

section

(2a) Where a contributor is entitled to a pension in respect of his employment by the State in the Government Department known as the London Agency, the provisions of subsec- tion (2) of this section shall not apply to him so far as concerns that part of the pension which qualifies as equivalent pension benefits within the meaning of Part II of the National Insurance Act, 1959 (7 and 8 Eliz. 2, c. 47) of the United Kingdom.

=fled 6. The principal Act is amended by substituting

;Irsion for the heading, "Division 6.—The provident

Provident. Account" immediately preceding section eighty-

Accou

three A the following headings

PART VA.—THE PROVIDENT ACCOUNT.

Division 1.—General.

1961.] Superannuation and Family [No. 50.

Benefits.

7. Section eighty-three A of the principal Act is tn ..,..sed and

repealed and re-enacted as follows— re-enacted

83A. There shall be a Provident Account alle. r urident

which shall form part of the fund and into Account'

which shall be paid

(a)	all moneys paid to the fund by, or by authorisation of, any subscriber under Division 2 of this Part; and
(b)	all contributions of employees and payments by the State under Division 3 of this Part.

8. The principal Act is amended by adding after ;UM

section eighty-three A the following sections and liar

heading-

83AA. (1) Payments by the State into the Mtn:Lutes,

Provident Account shall be made from the Provnt.

ident

Consolidated Revenue Fund and that Fund is Acco

u

hereby permanently appropriated accordingly.

(2) Payments in respect of benefits under

Division 3 of this Part shall be made from the

Provident Account.

(3) Payments by the State into the Provident Account shall be made whenever and as often as benefits become payable to a contributor under the provisions of Division 3 of this Part.

(4) No payment whatever shall be required from or be payable by the State in respect of subscribers to the Provident Account under the provisions of Division 2 of this Part.

Division 2.—Subscribers.

83AB. (1) Subject to such conditions as are ,T,,,=Y

prescribed, any person (referred to in this 1,ng,,dta, Division as a "subscriber") employed in a Account department may authorise the deduction from

his salary and payment to the fund, or may pay directly to the fund, any sum of money, subject to subsection (4) of this section, and may at any time increase the rate of his subscription.

No. 50.] Superannuation and Family [1961.

Benefits.

(2) The moneys referred to in subsection (1) of this section shall be credited to the subscriber and shall accumulate with interest at a rate per centum per annum compounded annually, which rate shall be fixed by the Board from time to time.

A subscriber by whom or on whose behalf moneys are paid to the fund under this Division shall not be regarded as a contributor for the purposes of this Act, other than as a contributor under Division 3 of this Act, nor shall he be entitled to any benefits other than as specified in this Part in respect of moneys credited to the Provident Account.

(3)

(4) Subject to subsection (2) of section eighty-three B of this Act, amounts credited to the Provident Account under this Division shall be in multiples of one shilling per fortnight.

(5) Subject to subsection (4) of section eighty-three B of this Act, a subscriber, after giving written notice to the Board and provided he has made regular fortnightly subscriptions to the Provident Account for a period of not less than five years, may withdraw from the Provident Account the whole or portion of the moneys so subscribed and standing to his credit under this section.

(6)

When a subscriber ceases to be employed in the Service, the amount of the moneys sub- scribed by him under this section standing to his credit in the Provident Account shall be paid to him or to his personal representatives, or failing them, to such persons, if any, as the Board may determine.

(7) The provisions of section forty-nine and the proviso to section fifty of this Act in regard to unpaid amounts shall not apply in respect of subscriptions to the Provident Account, except in the cases referred to in subsection (2) of section eighty-three B of this Act.

1961.] Superannuation and Family [No. 50.

Benefits.

(8) Except in regard to paragraph (a) of the proviso to section sixty-eight of this Act, that section shall not be applied to refunds or payments from the Provident Account.

(9) Subject to this Act, a subscriber under this section may elect to become a contributor at any time, whereupon the provisions of section thirty-two of this Act shall apply, and where such an election is made, the employee shall have the option of contributing

(a)

at the rate of contribution prescribed for his age at the date of commencing to subscribe to the Provident Account, and payable from that date, the amount of the moneys subscribed by him under this section standing to his credit in the Provident Account without interest (which shall not be payable or charge- able to such subscriber or contributor) to be utilised to the extent necessary to meet the arrears of contributions; or

(b)

at the rate for his age at the date of making the election, in which case the interest credited as per subsection (2) of this section shall stand to his credit.

(10) Nothing in this Division shall operate or be deemed to operate so as to preclude a subscriber from becoming or continuing to be a contributor under this Act.

S. 833

9. Section eighty-three B of the principal Act is amended by substituting for the passage commenc- ing with the word, "Where", being the first word in subsection (4), and ending with the letter, "A" in line three of that subsection, the following passage amended.

Where a female subscriber is not a contributor for a pension under this Act, subsection (5) of section eighty-three AB of this Act

No. 50.] Superannuation and Family [1961.

Benefits.

Division 3

added. 10. The principal Act is amended by adding

immediately after section eighty-three B the

following Division

Contributors

to the	Division 3.—Contributors.
Provident

Account.	83C. (1) All employees who are bound by the conditions of their service to make contri- butions to the Provident Account shall be contributors under this Division to the Provident Account.
(2) Where, after a person has become a contributor under this Division, he furnishes evidence to the satisfaction of the Board that his mental and physical health are such as to entitle or render him eligible to become a contributor under Part IV of this Act, the Board may upon application by that person permit him to contribute to the fund under that Part.

A person who is permitted by the Board in pursuance of subsection (2) of this section to contribute to the fund under Part IV of this Act

(3)

(a)	shall not, as from the date of the decision of the Board, make any further contributions under this Division to the Provident Account, and ceases to be entitled to any benefit (not being a refund of contributions) that would otherwise be payable from the Provi- dent Account;
(b)	is entitled to a refund of the contri- butions made under this Division to the Provident Account, together with compound interest on those contribu- tions at the rate per centum per annum fixed by the Board from time to time; and
(c)	shall contribute to the fund under Part IV of this Act as from the date of the decision of the Board or, if that date is not a pay-day, the next succeeding pay-day.

1961.] Superannuation and Family [No. 50.

Benefits.

83D. (1) The contributions of a contributor goorgitte

to the Provident Account under this Division Pnvid°at	Account.
shall

(a)	be at the rate of one shilling for each complete pound of his gross fort- nightly salary; and
(b)	be deducted from his salary at each payment of salary,

and where his salary is increased the additional contributions for which he is liable shall be payable as from the date upon which payment of salary at the increased rate is approved, or from the date upon which that increased salary becomes payable, whichever is the later.

(2) A contributor to the Provident Account under this Division who is on leave of absence on the ground of illness, either without pay or at less than full pay, is liable to pay the contri- butions that he would have been liable to pay under this section if he had not been absent, but the Board may, upon his application, permit him to pay those contributions in such smaller sums and during such periods as the Board approves.

Payments on

83E. Subject to this Act a contributor to the Provident Account under this Division who retires or is retired on or after having attained the age of sixty years, or whose services are terminated on the ground of invalidity or owing to retrenchment, shall be paid a sum equal to three times the amount which comprises the aggregate of his contributions to the Provident Account under this Division together with compound interest on those contributions at the rate per centum per annum fixed by the Board from time to time. retirement.

No. 50.] Superannuation and Family [1961.

Benefits.

Payments

(1) On the death of a male contributor before retirement, there shall be paid to his widow a sum equal to three times the amount which comprises the aggregate of his contribu- tions to the Provident Account under this Division together with compound interest on those contributions at the rate per centum per annum fixed by the Board from time to time.

on death of 83F.

contributor

with	to the Provident Account under this Division
dependants.
(2) Where the male contributor referred to in subsection (1) of this section is not survived by a widow but is survived by a child or children under the age of sixteen years, the sums payable under this section shall be paid to that child, or as the case may be, those children and in the latter case equally among them.

Payment 83G. Where a contributor to the Provident

on death of contributor without	Account under this Division who is
dependants.

(a)	an unmarried male (including such a person whose marriage has been dis- solved or annulled but not including a widower with children under the age of sixteen years);
(b)	a widower without children under the age of sixteen years; or

(c) a female,

dies before retirement, there shall be paid to the personal representatives of that contributor, or failing them to such persons (if any) as the Board determines, an amount equal to the amount of the contributions paid by that contributor into the Provident Account under this Division together with compound interest on those contributions at the rate per centum per annum fixed by the Board from time to time.

1961.] Superannuation and Family [No. 50.

Benefits.

83H. Where a contributor to the Provident P,ealigmne,t1V,L1

Account under this Division resigns or is dis- etc' charged or is dismissed, there shall be paid to him an amount equal to the amount of the contributions paid by him to the Provident Account under this Division together with compound interest thereon at the rate per centum per annum fixed by the Board from time to time.

Retrench-

service of a contributor to the Provident Account discharge. 831. The compulsory termination of the men and

under this Division for the reason that his service or position is not necessary, or for the reason that the work for which he was engaged is finished, or for the reason that the quantity of work has diminished and has rendered necessary a reduction in the number of employees

(a)	shall be deemed to be retrenchment if the contributor has been in the Service for not less than ten years; and
(b)	shall, in any other case, be deemed to be discharge.

Payment

83J. Where in the opinion of the Board any other to

payment under this Part should be made to a on.	pers
person other than the person specified, the Board may, subject to this Act, authorise payment to that other person accordingly.
Payments

In respect of each payment made in pursuance of this Division to a contributor to the Provident Account under this Division or to his widow or children in accordance with the provisions of subsection (1) of section eighty- three E, or subsection (1) of section eighty- three F, of this Act, the State shall pay to the Provident Account an amount equal to two- thirds of that payment. by State.

83K.

No. 50.] Superannuation and Family [1961.

Benefits.

Contributor

under this	83L. A contributor to the Provident Account payment or benefit under this Act, other than as provided in this Part, in respect of moneys credited to the Provident Account.
Division
not entitled	under this Division shall not be entitled to any
to other
benefits.