Superannuation and Family Benefits Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

SUPERANNUATION AND

FAMILY BENEFITS.

No. 134 of 1976.

AN ACT to amend the Superannuation and Family

Benefits Act, 1938-1975.

[Assented to 9th December, 1976.]

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 Short title

and citation.

Superannuation and Family Benefits Act

Amendment Act, 1976.

No. 134.] Superannuation and Family

[1976.

Benefits.

Vol. 20 Re-

printed Ac

ts.

(2) In this Act the Superannuation and Family

Approved for Benefits Act, 1938-1975 is referred to as the principal

reprint /6th

August, 1966 Act.

and amended

'''

by Acts

Nos. 78 of

1967, 13 of

1968, 27 of

(3) The principal Act as amended by this Act

1969, 22 and may be cited as the Superannuation and Family

108 of 1970,

16 and 75 of Benefits Act, 1938-1976.

1973, of

/974 and 4

of 1975.

Commence-

ment.

(1) Subject to subsection (2) of this section, the provisions of this Act shall come into operation on the date on which it receives the Royal Assent.

(2) Sections 6, 8, 9, 18, 20, 21, 22, 23, 24 and 25, and subparagraph (i) of paragraph (c), paragraph (d), subparagraph (i) of paragraph (e) and para- graph (f) of section 26 of this Act shall come into operation on such date or dates as is or are, respectively, fixed by proclamation.

Section 6

Subsection (3) of section 6 of the principal Act is amended by deleting the word "ten" where it occurs in line twelve, and again in line twenty- six, and substituting the word "seven" in both cases.

amended.

Section 25

amended.

4. Section 25 of the principal Act is amended

(a)	by deleting paragraph (c) of subsection (1) and substituting the following para- graph

(c)	the acquisition or taking on lease of any land and the construction of buildings and effecting of other improvements thereon; and ; and

(b)	by adding after subsection (3) the follow- ing subsection

(4) The Board may sell, alienate, mortgage, charge and lease any land acquired or leased by it pursuant to paragraph (c) of subsection (1) of this section. .

1976.]

Superannuation and Family [No. 134.

Benefits.

Section 30

5. Subsection (1) of section 30 of the principal Act is repealed and re-enacted as follows

amended.

(1) Investigations shall be made as to the state and sufficiency of the Fund as at the thirtieth day of June, 1977 and as at the expiration of each three years thereafter. .

Section 32

6. Section 32 of the principal Act is repealed and re-enacted as follows-	repealed and re-
enacted.
Election to

32. (1) Subject to this section, any employee may elect in writing in a form approved by the	become a
contributor.
Board to become a contributor for units of pension under this Act.
(2) An employee is not entitled to become a contributor for units of pension under this Act if he is of an age which will prevent him from completing an aggregate period of seven years' service under the State before attaining the age for retirement for which he desires to contribute.
(3) The Board may require any employee who has made an election under subsection (1) of this section to undergo such medical examination or examinations as it directs.
(4) Where, after considering the report or reports of the medical examination or examina- tions of an employee who has made an election under this section, the Board is of opinion that the employee is not suffering from any physical or mental defect or condition which is likely to render him incapable, before his attaining his maximum age for retirement, of performing his duties as an employee, the Board shall accept the election.
(5) Where, after considering the report or reports of the medical examination or examina- tions undergone by an employee who has made

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Benefits.

an election under this section, the Board is of opinion that the employee is suffering from any physical or mental defect or condition which is likely to render him incapable, before his attain- ing his maximum age for retirement, of performing his duties as an employee, the Board shall

(a)	refuse to accept the election of that employee to become a contributor; or
(b)	accept the election, but on condition that the employee shall be a contributor for limited benefits under and for the purposes of section sixty-one of this Act.

(6) An employee who is a contributor for limited benefits under and for the purposes of section sixty-one of this Act shall cease to be subject to limited benefits for the purposes of that section and for the purposes of the Sixth Schedule to this Act

(a)	at the expiration of the period of thirteen years after he became such a contributor; or
(b)	upon his satisfying the Board that he is no longer suffering from any physical or mental defect or condition which is likely to render him incapable, before his attaining his maximum age for retirement, of continuing to perform his duties as an employee,

whichever first occurs.

(7) Where a person has been accepted as a contributor for limited benefits pursuant to an election made under this section the Board shall record any defect or condition, the existence of which was disclosed in the report or reports furnished to the Board, by reason of which the Board declined to accept him as a contributor

for ordinary benefits, but accepted him as

a contributor for limited benefits. .

1976.]

Superannuation and Family [No. 134.

Benefits.

Section 32A

Subsection (2) of section 32A of the principal Act is amended by adding after the word "Act" in line two the passage "but subject to subsection (9) of section sixty of this Act".	amended.
Section 35

Section 35 of the principal Act is repealed.

repealed.

9. Section 37 of the principal Act is amended— n°{11,17

(a)	by repealing subsections (11) and (12) and substituting the following subsection

(11) A contributor who is not contributing for a number of units equal to his total unit entitlement may at any time elect to contribute for an additional number of units so that his total number of units will be equal to, or less than, his total unit entitlement but, except where

(a)	the election is made under subsection (10) of this section;

(b)	because of the impending retirement of the contributor, the Board dispenses with the succeeding requirements of this subsection,

the election is not effective unless the Board, after having considered the report or reports of such medical examination or examinations as it directs the contributor to undergo, is satisfied that the contributor is not suffering from any physical or mental defect or condition which is likely to render him incapable, before his attaining his maximum age for retirement, of performing his duties as an employee. ; and

(b)	by deleting the passage ", (11) and (12)" in lines one and two of subsection (13) and substituting the passage "and (11)".

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Benefits.

Section 41

Section 41 of the principal Act is amended by deleting the word "ten" where it occurs in line ten of subsection (1), and again in line six of subsection (2), and substituting the word "seven" in both cases.

amended.

10.

Section 42

Subsection (2) of section 42 of the principal Act is repealed and re-enacted as follows

amended.

11.

(2) The Governor may from time to time, on the joint recommendation of the State Government Actuary and the Board, make regulations prescribing tables of contributions for the purposes of this Act. .

Section 42A

Section 42A of the principal Act is amended

by adding at the end thereof the following

subsection

amended.

12.

(8) Notwithstanding the foregoing provisions of this section

(a)	no further elections under subsection (2) of this section may be made on or after the first day of January, 1977;
(b)	a contributor who was, on that day, contributing to the Account shall, not later than the thirtieth day of June, 1977, make an election under sub- section (4) or subsection (6) of this section or under both of those subsections, which election or elections shall be such as to apply to all reserve units of pension for which he was contributing; and
(c)	where a contributor fails to make an election or elections in accordance with paragraph (b) of this subsection he shall be deemed to have made an election on the thirtieth day of June, 1977 under subsection (6) of this

1976.]

Superannuation and Family [No. 134.

Benefits.

section in respect of each reserve unit of pension for which he was so contributing.

13. Section 46AB of the principal Act is asin

ecetn

ioarns

amended

(a)	by adding after the word "provisions" in line one of subsection (3) the passage "of subsections (1) and (2)"; and
(b)	by adding at the end thereof the following subsections

(4) Where a contributor or former contributor is entitled to an amount of pension according to the number of units held by him on retirement, he is entitled, in addition to the amount of pension to which he is otherwise entitled, to an amount of ten cents per fortnight in respect of each unit for which he has contributed at any time prior to the first day of July, 1974 up to the time he became entitled to pension in respect thereof.

(5)

The amount of increase in pension

payable under subsection (4) of this

section shall be paid by the Fund.

(6) The provisions of subsections (4)

and (5) of this section apply

(a)	in respect of the first fortnightly payment of pension made in the month of January, 1977 and in respect of such subsequent payments; and
(b)	to a widow who is entitled to receive an amount of pension under this Act, and in accord- ance with the rate of pension payable to the widow as referred to in this Act. .

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Benefits.

Section 52

amended.	14. Section 52 of the principal Act is amended by adding after the passage "subsection (5)" in line one the passage "or subsection (8)".
Section 60

amended.

15. (1) Section 60 of the principal Act is

amended

(a)	by deleting the word "ten" where it occurs in line three of paragraph (a) of the third proviso to subsection (1), and again in line two of paragraph (b) of that proviso, and substituting the word "seven" in both cases;
(b)	by substituting for the word "ten" in line four of subsection (4) the word "seven";

F x Y

in subsection (4) and substituting the

following expression

F x Y

240

(d)	by deleting the passage "Y is the number of years" in the third last line of subsection (4) and substituting the passage "Y is the number of months";
(e)	by deleting the word "ten" in line four of subsection (5) and substituting the word "seven";

(f by adding after the word "sixty-seven", being the last word in subsection (6) the passage "or commenced on or after the date on which the Superannuation and Family Benefits Act Amendment Act, 1976 received the Royal Assent"; and

1976.1

Superannuation and Family [No. 134.

Benefits.

(g) by adding after subsection (6) the following

subsections

(7) Notwithstanding any other provision of the Act, the amount of the share of the pension payable by the State to a contributor who retires after not less than seven but less than thirty years of aggregate service with the State shall not exceed the amount calculated in accordance with the formula

F x Y

, where-

360

F is the amount of the share of the pension payable by the State that would have been payable, but for this subsection, to the contributor if he had been contributing, immediately prior to his retirement, for a number of units equal to his primary entitlement; and

Y is the number of months of aggregate service that the con- tributor served with the State prior to his retirement.

(8) Where a person becomes a con- tributor after the commencement of subsection (7) of this section and upon retirement he has not completed an aggregate period of seven years service, he is entitled to a refund of the actual amount of the contributions made by him as a contributor.

(9) Where

(a)	before a person became a contributor, he had been employed by the Crown in right of the Commonwealth or of this

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Benefits.

or any other State or by any agency or instrumentality thereof; and

(b)	as a consequence of that employment he had received a pension or like benefit included in which was an amount or component representing pay- ments or contributions made by or on behalf of the Crown, agency or instrumentality,

the period of service of that person with the Crown, agency or instrumentality prior to his becoming a contributor under this Act shall not be regarded as service for the purposes of this Act unless he pays to the Fund for transmission to the Consolidated Revenue Fund a sum equal to the value of that amount or component, but if that person sub- sequently ceases to be a contributor under this Act and no pension becomes payable to him, his spouse or any of his dependants, he is entitled to be repaid by the State an amount equal to any sum previously paid by him pursuant to this subsection together with interest thereon at such rate as the Treasurer determines.

(10) The provisions of subsections (7), (8) and (9) of this section do not apply to a person where the period of continuous service of that person that is terminated by his retirement commenced before the date on which the Superannuation and Family Benefits Act Amendment Act, 1976 received the Royal Assent. .

(2) The State share of pension payable to a person to whom subsection (4) of section sixty of the principal Act applied immediately before the date on which the Superannuation and Family Benefits Act Amendment Act, 1976 received the Royal Assent shall, with effect from the first pension

1976.]

Superannuation and Family [No. 134.

Benefits.

pay day after that date, be increased to the amount which it would have been had the amendments to that subsection effected by that Act been in operation when the person retired.

16. Subsection (1) of section 60AA of the 2=16°. AA

principal Act is amended by deleting the passage "or (5)" in line four and substituting the passage ", (5), (7) or (8)".

Section 600

17. Section 60D of the principal Act is amended

amended.

(a)	by deleting the word "three" in line three of subsection (2) and substituting the word "six";
(b)	by adding after subsection (3) the following subsection

(3a) A person who becomes a widow of a contributor or pensioner on or after the date of commencement of this subsection may, within six months after the death of her husband, elect to commute not more than one-quarter of the Fund share of her widow's pension to an equivalent entitlement by way of a lump sum payment. ;

(c)	by adding after the word "section", being the last word in subsection (6), the following passage-

, but nothing in this subsection shall be construed as preventing

(a)	a person who has made an election under subsection (3a) of this section from making a further election under sub- section (2) of this section; or
(b)	a person who becomes entitled to more than one pension from making an election in respect of each pension. ;

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Benefits.

(d)

by deleting the passage "or (3)" in line three of subsection (7) and substituting the passage ", (3) or (3a)"; and

(e)

by deleting the passage "or subsection (11) of section thirty-seven of this Act" in lines three, four and five of the interpretation "ineligible unit" in subsection (10) and substituting the passage "of section thirty- seven of this Act or under subsection (11) of that section as in force prior to the date on which the Superannuation and Family Benefits Act Amendment Act, 1976 received the Royal Assent" .

Section 61

repealed	18. Section 61 of the principal Act is repealed and
and re-

enacted.

re-enacted as follows-

61. (1) Where

(a)	a contributor, not being a contributor for limited benefits, is retired on the ground of invalidity or physical or mental incapacity to perform his duties; or
(b)	a contributor for limited benefits is retired on the ground of invalidity or physical or mental incapacity to perform his duties and the Board is satisfied that the invalidity or incapa- city is not due to, and did not arise from, a physical or mental defect or condition recorded in relation to him under subsection (7) of section thirty- two of this Act,

he shall be entitled to the full pension for which he was contributing at the time of his retirement.

(2) Except as provided in paragraph (b) of

subsection (1) of this section, where a

contributor for limited benefits is retired, prior

1976.]

Superannuation and Family [No. 134.

Benefits.

to attaining the age of sixty years, on the ground of invalidity or physical or mental incapacity to perform his duties, he shall

(a)

if his retirement occurs not later than three years after the day on which he became a contributor for limited benefits—be entitled to receive from the Fund a refund of the contributions paid by him and from the State a sum equal to two and one-half times such of those contributions as represent fortnightly contributions made by him in respect of units not exceeding his primary entitlement up to the time of his retirement;

(b)

if his retirement occurs after he has contributed to the Fund as a contributor for limited benefits for more than three years—be entitled to pension calculated in accordance with the formula

2P (3P X

—+

— x —

120

where-

P is the pension to which he would have been entitled under this section if he were a contributor referred to in paragraph (a) of subsection (1) of this section; and

X is the number of complete months for which he has contributed as a contributor for limited benefits in excess of the period of three years commenc- ing on the date on which he became a contributor for limited benefits.

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Benefits.

(3) Except as provided in paragraph (b) of subsection (1) of this section, where a contributor for limited benefits is retired, on or after attaining the age of sixty years, on the ground of invalidity or physical or mental incapacity to perform his duties, he shall be entitled to the same pension as that to which he would have been entitled had he retired other than on that ground and not under this section, but for the purposes of calculating the State share of that pension, he shall be deemed to have continued in service until attaining the age of sixty-five years.

A contributor shall not be deemed to have been retired on the ground of invalidity or physical or mental incapacity to perform his duties within the meaning of this section for the reason merely that he is suffering from a particular physical defect which renders him incapable of performing a particular duty which he has been performing as an employee if such physical defect does not in fact disable him from performing another duty, which he is competent to perform, and employment in the performance of such lastmentioned duty is available to him as an employee.

(4)

(5) Where a contributor for limited benefits dies within three years of becoming such a contributor but prior to attaining the age of sixty years, there shall, except where the Board is satisfied that his death was not due to and did not arise from, a physical or mental defect or condition recorded in relation to him under subsection (7) of section thirty-two of this Act, be paid to his widow from the Fund and from the State the same amounts as would have been paid to the contributor had he retired on the ground of invalidity or incapacity on the same day as that on which he died.

(6) Any pension paid under paragraph (b)

of subsection (2) of this section or to the spouse

of a contributor for limited benefits shall be

1976.]

Superannuation and Family I No. 134.

Benefits.

apportioned as between the Fund and the State in the same respective proportions as are pensions paid under subsection (1) of this section or to the spouses of other contributors, as the case requires.

(7) Notwithstanding the foregoing provisions of this section, a contributor who has been retired on the ground of invalidity or physical or mental incapacity to perform his duties is not entitled to pension under this section

(a)	if the invalidity or incapacity which was the ground of his retirement was due to wilful action on the part of the contributor for the purpose of obtaining pension under this section; or

(b) if-

(i) his retirement occurs within three years of his becoming a contributor; and

(ii) the invalidity or incapacity is due to, or arose from, a physical or mental defect or condition known to the contributor at the time when he underwent a medical examination for the purposes of becoming eligible to become a contributor and he failed to disclose the existence of that condition or defect,

but shall receive in lieu of pension a refund of his contributions together with interest thereon at the rate or rates fixed by the Board from time to time.

Section 66

19. Section 66 of the principal Act is amended by deleting the words "a further sum equal to two and one-half times those contributions" in lines four and five of subsection (1) and substituting the passage "from the State a sum equal to two and

amended.

No. 134.] Superannuation and Family

[1976.

Benefits.

one-half times such of those contributions as represent fortnightly contributions made by him in respect of units not exceeding his primary entitlement up to the time of his retrenchment".

Section 830

amended.

20. Section 83C of the principal Act is amended by repealing subsection (1) and substituting the following subsections

(1) Any employee who is ineligible to become a contributor for units of pension under this Act by reason only of his suffering from a physical or mental defect or condition may apply to become a contributor to the Provident Account and in that event he shall make contributions to the Provident Account in accordance with the provisions of this Division.

(la) Any employee who-

(a)	pursuant to subsection (2) of section thirty-two of this Act is not entitled to become a contributor for units of pension under this Act; and
(b)	is bound by the conditions of his service to make contributions to the Provident Account,

shall become a contributor under this Division and shall make contributions to the Provident Account in accordance with the provisions of this Division. .

Section 83E

amended.	21. Section 83E of the principal Act is amended by deleting the word "three" in line six and substituting the words "three and one-half".
Section 83F

repealed and

22. Section 83F of the principal Act is repealed

re-enacted.	and re-enacted as follows-
Payments on

death of	83F. Where a contributor to the Provident retirement, a sum equal to three and one-half times the amount which comprises the aggregate of his contributions to the Provident Account under this Division together with
contributor
with depen-	Account under this Division dies before
dants.

1976.

]

Superannuation and Family [No. 134.

Benefits.

compound interest on those contributions at the rate from time to time fixed by the Board, shall be paid to such person, if any, as would be entitled to receive pension under Part I of the Sixth Schedule to this Act if the contributor had been a contributor for units of pension under this Act, and if there is no such person but the contributor is survived by a child or children who would have been entitled to an allowance under item 2 of Part II of the Sixth Schedule to this Act, that sum shall be paid to that child, or, as the case may be, those children, and in the latter case, divided equally among them. .

Section 83G

Section 83G of the principal Act is amended by deleting the passage commencing with the word "who" in line two and ending with the passage "retirement," in line eleven and substituting the passage "dies before retirement and no sum or sums are payable under section eighty-three F of this Act,".	amended.
Section 831C

23.

Subsection (2) of section 83K of the principal Act is amended by deleting the word "two-thirds" in the last line and substituting the word "five- sevenths".	amended.
Section 84

24.

Section 84 of the principal Act is amended by deleting the passage " , and whether the invalidity or incapacity is due to his fault" in lines four and five and substituting the passage "or whether the death, invalidity or incapacity of a contributor for limited benefits was due to or arose from a defect or condition recorded in relation to him uncle/ subsection (7) of section thirty-two of this Act".

amended.

25.

Sixth

Schedule	26. The Sixth Schedule to the principal Act is amended	z
amended.	O

(a) as to item 1 of Part I—by adding in column 5, after paragraph (b), the following

(b) as to item 2 of Part I-

(i) by deleting the word "As" in paragraph (a) under column 3 and substituting the passage "If she has not re-married, as";

(ii) by adding after the word "widow" in column 4 the words "or on her re-marriage";

as to item 3 of Part I-

(i) by adding under column 1 after the word "contributor" in line one, the passage "(not being a contributor for limited benefits under and for the purposes of section 61)";

(ii) by adding under column 2 after the passage "60(4)" in line six of paragraph (a), the passage "or (7)";

(d) by adding after item 3 of Part I the following new item-

3A. Widow of contributor for

(a) 22/35 of pension which

As in item I.

As in Item I.

limited benefits under and	husband would have re-
for the purposes of section	ceived had he retired on the
61 who died prior to his	grounds of invalidity or in-
retirement	capacity on the same day as that on which he died.

(b) If widow so elects in writing to Board within three months of husband's death, a lump sum refund of contributions paid by contributor plus compound interest thereon at rate de- termined by Board, in lieu

of (a),

•

(e) as to item 4 of Part I-

(i) by adding under column 1 after the word "contributor" in line two, the passage "(not being a contributor for limited benefits under ani

for the purposes of section 6I)"; and

(ii) by adding under column 2 after the passage "60(4)" in line five, the passage "or (7)";

by adding at the end of Part I the following item-

5. Widower of former female contributor for limited	22/35 of pension which wife	As from day after death	(a When in Board's
would have received had	of female contributor or	opinion, circumstances no

benefits under and for pur-	she retired on the grounds	former female contrib-	longer warrant its con-
poses of section 61 if the	of invalidity or incapacity	utor.	tinuance.
widower is not in receipt of	on the same day as that on
any other pension under	which she died.	(b) On death of widower
this Act and satisfies the Board that at the date of wife's death, because of in- validity or for other good reason, fully or substantially dependent upon her.

by deleting the passage "$8.00" in line four of sub-item (I) of item I of Part 1I and substituting the passage "$12.00";

by deleting the passage "$10.00" in paragraph (a) of sub-item (2) of item 2 of Part II and substituting the passage "$20.00";

by deleting the passage "$4.00" in line one of paragraph (b) of sub-item (2) of item 2 of Part II and substituting the passage "$14.00"; and

by deleting paragraphs (a) and (b) of item 3 of Part III and substituting the following

(a)

in the case of an allowance payable under item 1 of Part II—as to $4.75 per week, from the Fund and as to the balance, from the Con- solidated Revenue Fund; and

(b)

in the case of an allowance payable under item 2 of Part II—as to $10.75 per week,

from the Fund and as to the balance, from the Con-

solidated Revenue Fund. .

141'