Superannuation and Family Benefits Act Amendment Act 1974 (WA)

WESTERN AUSTRALIA.

SUPERANNUATION AND

FAMILY BENEFITS.

No. 47 of 1974.

AN ACT to amend the Superannuation and Family

Benefits Act, 1938-1973

[Assented to 26th November, 1974.]

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 Superan-	Short title
and citation.

nuation and Family Benefits Act Amendment Act,

1974.

(2) In this Act the Superannuation and Family Reprinted asapproved for reprint 16th

Benefits Act, 1938-1973 is referred to as the princi-

August,

pal Act.

further

1966 and

amended by

Acts Nos.

78 of 1967,

13 of 1968,

27 of 1969,

22 and 108

of 1970 and

16 and 75 of

No. 47.] Superannuation and Family [1974.

Benefits.

(3) The principal Act as amended by this Act

may be cited as the Superannuation and Family

Benefits Act, 1938-1974.

Commence-

ment.	2. The provisions of this Act shall come into operation on such date as is or such dates as are, respectively, fixed by proclamation.
Section 25

Subsection (1) of section 25 of the principal Act is amended by adding after paragraph (a) the following paragraph-

amended. 3.

(aa) loans secured by mortgages of estates in

fee simple, .

Section 35

Section 35 of the principal Act is amended by adding after the word "not" in line three the words "during the period of six months immediately pre- ceding his election to become a contributor".

amended. 4.

Section 37

amended. 5. Section 37 of the principal Act is amended by

adding after subsection (10) the following sub-

sections

(10a) Without limiting the operation of subsection (10) of this section, a contributor may, under and subject to the regulations, elect to contribute for the whole or one-half of any increase in his total unit entitlement which may, from time to time, occur by reason of any increase in his salary which occurs while the election remains in force.

(10b) Regulations made for the purposes of

subsection (10a) of this section may

(a) provide that units of pension to which the election related are, in the pres- scribed circumstances, valid for the purposes of this Act in the event of the death or invalidity of the contributor, notwithstanding that no contribu- tions have been made in respect of those units;

1974.] Superannuation and Family [No. 47.

Benefits.

(b)	specify the times at which contribu- tions in respect of those units shall commence and the ages upon which the rates of contribution are to be assessed;
(c)	provide for the manner of making and revoking elections and the limiting of the circumstances in which contribu- tors, having revoked an election, may subsequently make further elections; and
(d)	prescribe any other matter necessary or convenient for giving effect to the purposes of subsection (10a) of this section,

but nothing in subsection (10a) of this section, or this subsection shall relieve the contributor of the obligation (except in relation to the pay- ment of pension in respect of units in cases of death or invalidity) to make not less than twenty-six fortnightly contributions in relation to any unit of pension. .

Section 49

6. Section 49 of the principal Act is amended amended.

(a)	by deleting the word "shall" in line one and substituting the word "may"; and
(b)	by deleting the passage "(not exceeding five per centum per annum)" in lines four and five.

Section 60A

7. Section 60A of the principal Act is amended by amended.

adding after subsection (2) the following sub-

section

(2a) Notwithstanding the provisions of sec- tion forty-six C of this Act, the pension payable to a former contributor who continued in service after attaining the age of sixty-five years

(a) in respect of the period which com- mences on the day after his retire-

No. 47.] Superannuation and Family [1974.

Benefits.

ment and ends on the next succeeding thirty-first day of December, shall, after taking into account any increase resulting from subsection (1) of this section, be increased by a further amount which represents the aggre- gate of the increases in the rates of pension which he would have received pursuant to section forty-six C of this Act if he had retired on attaining the age of sixty-five years; and

(b) shall thereafter be increased from time to time in accordance with the provi- sions of section forty-six C of this Act as if he had retired in the month of December of the year preceding the year in which he actually retired. .