Superannuation (War Service) Amendment Act 1940 (NSW)

SUPERANNUATION (WAR SERVICE)

AMENDMENT ACT.

Act No. 53, 1940.

An Act to amend the Superannuation Act, 1916-

Bo.	.	X940, in certain respects; and for purposes
connected therewith. [Assented to, 11th
December, 1940.]

T JE it enacted by the King’s Most Excellent Majesty, | j by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—■

Short title 1 . (1) This Act may be cited as the “ Superannuation

and citation.

(War Service) Amendment Act, 1940.”

(2) The Superannuation Act, 1916-1940, as

amended by this Act, mav be cited as the Superannuation

Acts, 19164940. “

A n iL ^ H h iic iiC

2. The Superannuation Act, 19164940, is amended—

of Act No. 2ij,

1810 .

Sec, 12, (a) by inserting at the end of section twelve the

(Seale of following new paragraph:—

units of	(i)	Not with standing paragraph (h) of this
contribu­

tions.) proviso an emiiloyoo who is engaged on war

service

Superannuation (War Service) Amendment Act. 473

No. 53, 1940.

service may elect to contribute for additional units of pension on account of any increase of salary to which he may become entitled within the period during which he is engaged on war service notwithstanding that the increased rate of salary is not actually paid within that period; and in such case the employer shall contribute in respect of the like number of units.

An election under this paragraph may be made by an employee who became engaged on war service before as well as by an employee who becomes engaged on war service after the commencement of the Superannuation (War Service) Amendment Act, 1940.

The right of election conferred by this para­

graph shall be in addition to the right of elec­

tion conferred by paragraph (e) of this proviso.

Any election under this paragraph shall be in

writing and shall take effect from the date upon

which it is received into the office of the Board,

or from a later date to be specified in the

instrument of election.

For the purposes of this paragraph an employee shall be deemed to be engaged on war service if—

(a) he is bound to continuous service for the duration of the present war between His Majesty and Germany and her Allies (whether or not he has agreed to serve or does serve beyond the limits of the Commonwealth of Australia and those of any territory under the authority of the Commonwealth)—

(i)  as a member of His Majesty’s naval, military or air forces; or

(ii)  as a member of the Army Medical Service; or

(iii)  as a member of the Medical Corps Nursing Service of His Majesty’s naval, military or air forces; or

(b);

474                 Pharmacy (Amendment) Act.

»o. 53, 1940.

(b) he is, in connection with Hie present war between His Majesty and Goi’many and Jier Allies, a prisoner of war in the enemy’s country or is interned in the country of any neutral power;

New sec. (b) by inserting next after section thirty the

30a.	following new section
provisionj

Special 30a. For the purposes of sections twenty-

in tbe	seven, twenty-nine and thirty of this Act an
case of
employees	employee who has, loursuant to paragraph (i)
engaged on	of the proviso to section twelve of this Act,
war service.	elected to contribute for additional units of pension but who has not made the contributions in respect of those additional units, shall be deemed to have contributed, or to have been con­ tributing, for a pension according to the number of units which comprises the sum of the units for which he was actually conti'ibutlng and such

;	additional units.
This section shall not he construed so as to limit the powers of the Board relating to the recovery of unpaid contributions.