Superannuation and Family Benefits Act Amendment Act 1970 (WA)

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No. 22.] Superannuation and Family

[1970.

Benefits.

SUPERANNUATION AND

FAMILY BENEFITS.

No. 22 of 1970.

AN ACT to amend the Superannuation and Family

Benefits Act, 1938-1969.

[Assented to 8th May, 1970.]

RE it enacted by the Queen'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:—

Short title

and citation.

1. (1) This Act may be cited as the Superan- nuation and Family Benefits Act Amendment Act, 1970.

Reprinted in

Vol. 20 Of

(2) In this Act the Superannuation and Family

the Reprint-

ed Acts as

Benefits Act, 1938-1969, is referred to as the prin-

reprint 16th

approved for

cipal Act.

August, 1966, and amended by Acts Nos. 78 of 1967,

13 of 1968 and 27 of

1970.]

Superannuation and Family [No. 22.

Benefits.

(3) The principal Act as amended by this Act may be cited as the Superannuation and Family Benefits Act, 1938-1970.

Commence-

2.

This Act shall be deemed to have come into

ment.

operation on the first day of January, 1970.

3.    Section 46C of the principal Act is repealed repe6aLed and

and re-enacted as follows—

re-enacted.

46C. (1) Subject to this section, every pen- it?gmon of

certain

sion payable under this Act—

pensions.

(a)

to a former contributor who retired on or before the thirty-first day of December nineteen hundred and sixty- eight; or

(b)

to the widow of a former contributor or former qualified contributor who retired or died (while still such a con- tributor or qualified contributor) on or before that day,

is payable, and shall be deemed to have been payable, on and after the first fortnightly payment of pension in the month of January, nineteen hundred and seventy, at a rate increased in accordance with the provisions of this section.

(2) The rate at which a pension is to be payable under subsection (1) of this section shall be ascertained by adding to the rate at which the pension was payable on the thirty- first day of December, nineteen hundred and sixty-eight, a sum calculated in accordance with the percentage increase in the State share of the pension, as payable on that day that is specified in the second column of the following table opposite the appropriate year specified in the first column thereof but so that the sum so calculated does not exceed the annual sum specified opposite that year in the third column of that table:—

No. 22.] Superannuation and Family

[1970.

Benefits.

Year during which Percentage increase Maximum annual

contributor be-

in State share of

sum by which

came eligible for

pension.

pension is to be

pension or died.

increased.

Before 1954

46.85

634

1954

43.62

590

1955

40.39

547

1956

33.51

454

1957

32.69

442

1958

31.18

422

1959

29.59

401

1960

24.12

327

1961

23.61

320

1962

23.20

314

1963

21.81

295

1964

18.44

250

1965

13.85

188

1966

9.53

129

1967

6.12

83

1968

3.62

49

(3) In the case of

(a)

a widow's pension, the appropriate year for the purpose of making a calculation under subsection (2) of this section in relation to that pension is the year during which her husband became eligible to receive a pension or, if he died while still a contributor or quali- fied contributor, the year during which he died; and

(b)

the pension to be paid to a person who, or to the widow of a person who, having been an invalidity pensioner, was reappointed, the appropriate year for the purpose of making a calculation under that section in relation to that pension is the year during which, after being so reappointed (or, if so re- appointed more than once, after his last reappointment), that person-

(i) retired; or

(ii) died,

whichever first happened.

1970.]

Superannuation and Family [No. 22.

Benefits.

(4) For the purposes of the foregoing provi- sions of this section, the State share of a pension payable to a former contributor or to the widow of a former contributor or former qualified contributor is such proportion of the total yearly amount of the pension as is certified by the Board to be equivalent to the contribution paid or payable by the State or a Department to the Fund in relation to that pension but does not include any amount so paid or payable under sections forty-four or forty-six B of this Act.

(5) The State shall pay to the Fund the amount of any increase in pension payable under this section, and the Consolidated Revenue Fund is hereby permanently appropri- ated to the extent necessary.

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