Superannuation and Family Benefits Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

SUPERANNUATION

AND FAMILY BENEFITS.

No. 16 of 1973.

AN ACT to amend Division 2 of Part VA of the Superannuation and Family Benefits Act, 1938-1970.

[Assented to 30th May, 1973.]

BE 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:—

1. (1) This Act may be cited as the Superannua- lihr title

tion and Family Benefits Act Amendment Act, citation.

No. 16.] Superannuation and Family [1973.

Benefits.

Reprinted

as approved	(2)	In this Act the Superannuation and Family
for

reprint 16th

Benefits Act, 1938-1970 is referred to as the principal

August, 1966

and

Act.

amended by

Acts Nos.

78 of 1967,

27 of 1969

13 of 1968, (3) The principal Act as amended by this Act may

and 22 and	be cited as the Superannuation and Family Benefits
108 of 1970.
Act, 1938-1973.
Commence-

znent. 2. This Act shall come into operation on the first

day of July, 1973.

Section

83AB	3. Section 83AB of the principal Act is repealed
repealed and

re-enacted. and re-enacted as follows-

Termina-

83AB. (1) In this section

tion of

rights to

subscribe to

Provident	"repealed section" means section 83AB of
Account and

repayment	the Superannuation and Family Bene-
of certain	fits Act, 1938 as in force immediately
moneys.
prior to the coming into operation of the Superannuation and Family Bene- fits Act Amendment Act, 1973.

On and after the first day of July, 1973 no person shall be entitled to subscribe or con- tribute to the Provident Account or to continue to so subscribe or contribute except in accord- ance with section 83B or 83C of this Act.

(2)

Subject to subsection (4) of this section, there shall be paid, not later than the thirtieth day of June, 1974, to any person who has sub- scribed to the Provident Account under the repealed section, the amount of the moneys so subscribed by him under this section standing to his credit in the Account, including interest accrued thereon up to the date on which the payment is made.

(3)

1973.] Superannuation and Family [No. 16.

Benefits.

(4) Where

(a)	a person would, under the repealed section, have been entitled to withdraw moneys standing to his credit in the Provident Account prior to the thirtieth day of June, 1974; and
(b)	that person applies to withdraw those moneys before repayment has been made by the Board to him under sub- section (3) of this section,

those moneys together with interest accrued thereon shall be so paid to him as soon as prac- ticable after the receipt of his application in lieu of being so paid under subsection (3) of this section.

4. Subsections (4), (4a), (4b), (4c) and (5) of ation

section 83B of the principal Act are repealed and the amended'

following subsections substituted

(4) On and after the first day of July, 1973-

(a)	a female employee who is a contributor to the Superannuation Fund is not entitled to become, or to continue to be, a subscriber to the Provident Account; and
(b)	a female employee who is not a con- tributor to the Superannuation Fund shall not subscribe or shall not continue to subscribe to the Provident Account at a rate exceeding ten cents for each complete amount of two dollars of her gross fortnightly salary.

(5) A person who was, at any time prior to the first day of July, 1973, a female subscriber to the Provident Account may, at any time, by making application in the prescribed form, withdraw from the Provident Account the whole or any part of the moneys standing to her

No. 16.] Superannuation and Family [1973.

Benefits.

credit in that Account on that date together with interest accrued thereon, less, in the case of a female employee who is bound by the con- ditions of her service to subscribe to that Account, so much of those moneys as were sub- scribed in order to satisfy that condition of service.

(6) A female employee is not entitled, so long as she continues to be an employee, to withdraw any moneys subscribed to the Provident Account after the first day of July, 1973, but where such an employee becomes a contributor to the Superannuation Fund and elects to contribute at the rate of contribution prescribed for her age at the date of commencing to subscribe to the Provident Account, and payable from that date, there shall be paid to her the amount, if any, which represents the surplus remaining after there is deducted from the moneys stand- ing to her credit in the Provident Account the amount necessary to meet arrears of contri- butions.