Superannuation and Family Benefits Act Amendment Act 1979 (WA)

WESTERN AUSTRALIA.

SUPERANNUATION AND

FAMILY BENEFITS.

No. 76 of 1979.

AN ACT to amend the Superannuation and Family

Benefits Act, 1938-1976.

[Assented to 6th December, 19791

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 Super- 2/Trt 111V/eon.

annuation and Family Benefits Act Amendment Act,

1979.

(2) In this Act the Superannuation and Family Appprifir star

Benefits Act, 1938-1976 is referred to as the principal 2gio:grZe'd

by Act No.

Act. 134 of 1976.

No. 76.] Superannuation and Family [1979.

Benefits.

(3) The principal Act as amended by this Act may be cited as the Superannuation and Family Benefits Act, 1938-1979.

Section 6

amended. 2.

Section 6 of the principal Act is amended as to the interpretation "employee" by deleting the passage ", or is in receipt of a pension on the ground of invalidity or physical or mental incapacity from," in lines ten, eleven and twelve.

Section 46AB

amended. 3. Section 46AB of the principal Act is amended

by adding immediately after subsection (6) the

following subsections

(7) Subject to subsections (10) and (11) of this section, 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, 1977 up to the time he became entitled to pension in respect thereof.

(8) The amount of increase in pension pay- able under subsection (7) of this section shall be paid by the Fund.

(9)

The provisions of subsections (7) and (8) of this section apply

(a)	in respect of the first fortnightly pay- ment of pension made in the month of January, 1980 and in respect of such subsequent payments;
(b)	to a widow who is entitled to receive an amount of pension under this Act, and in accordance with the rate of pension payable to the widow as referred to in this Act.

1979.] Superannuation and Family [No. 76.

Benefits.

(10) A person entitled to an amount of pension under this Act who prior to the first day of July, 1974 commuted

(a)	the whole of the Fund share of the pension payable to him, is not entitled to any increase in pension under sub- sections (7) to (9) (inclusive) of this section;
(b)	part of the Fund share of the pension payable to him, is entitled to receive such part of the increase in pension payable under subsections (7) to (9) (inclusive) of this section as the Board may determine.

(11) A widow or widower who is entitled to receive an amount of pension under this Act who is the widow or widower of a person who has commuted either the whole or part of the Fund share of the pension payable under this Act is entitled to receive such part of the increase in pension payable under subsections (7) to (9) (inclusive) of this section as the Board may determine. ,

4. The principal Act is amended by adding ET:gan 64A

immediately after section 64 the following section-

64A. (1) Where the Board is of the opinion =attinary

that any person to whom an increase in pension f:,s0=st

is payable under this Act would be prejudicially

affected by such increase, the Board may

determine that no increase is payable to that

person or that the amount of the increase pay-

able to that person shall be such lesser amount

as the Board may from time to time determine;

and the Board may (but not with retrospective

effect) vary or revoke any determination made

by it under this subsection.

No. 76.] Superannuation and Family [1979.

Benefits.

(2) An increase or part of an increase that is not paid because of a determination of the Board under subsection (1) of this section shall be taken into account as if it had been paid in relation to the calculation of

(a)	any further increase in pension pay- able under this Act; and
(b)	a pension payable to the widow of a contributor. .

Section 80AA

added.

5. The principal Act is amended by adding

immediately after section 80 the following section-

Reduced

Pension for	80AA. (1) In this section
pensioner
under

another	"another scheme" means a superannuation fund scheme to which contributions are made by the Crown other than the Crown in right of the State of Western Australia;
Scheme.
"Crown share" means the share of pension or other benefit paid or payable by the Crown under another scheme;
"pensioner" means a person who is eligible to receive a pension from another scheme on grounds of invalidity or physical or mental incapacity to perform his duties.

(2) Notwithstanding any other provision of this Act, where a pension becomes payable to a pensioner, or to the widow or widower of the pensioner, as the case requires, under this Act and the pensioner, or the widow or widower of the pensioner, receives or has received a pension or other benefit under another scheme, the State share of pension payable under this Act to the pensioner, or to the widow or widower of the pensioner, shall be reduced by an amount equal to the full amount of the Crown share of the pension or other benefit that the pensioner, or the widow or widower of the pensioner, receives or has received under that other scheme. .

1979.] Superannuation and Family [No. 76.

Benefits.

6. (1) The Sixth Schedule to the principal Act SixthSchedule

is amended as to Part II amended.

(a)	by deleting the expression "$12.00" in line four of sub-item (1) of item 1 and substituting the expression "$16.00"; and
(b)	by deleting the expression "$20.00" in sub- paragraph (a) of sub-item (2) of item 2 and substituting the expression "$26.00".

(2) The amendments effected by subsection (1) of this section have effect in respect of the first fortnightly payment of the allowance payable under item 1 and item 2 of Part II of the Sixth Schedule to the principal Act made in the month of January,

1980 and in respect of every such subsequent

payment.