The Superannuation Act 1871 (WA)

85 VICTORDE. No. 7

Pensions and Superannuation

WESTERN AUSTRALIA

ANNO TRIGESI310 QUINT°

VICTORT 7F REGIME

No. 7

An Act to regulate Superannuations and other Allow- ances to Persons having held Civil Offices in the Public Service under the Colonial Government.

[Assented to 8th August, 1871.

Preamble HEREAS it is expedient that the Law in force in the United

Wto persons having held civil offices in the Public Service should withKingdom concerning Superannuations and other Allowances

certain modification be adopted in this Colony, and be applicable to persons having held office in the permanent Civil Service : Be it therefore enacted by His Excellency the Governor of Western Aus- tralia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

Ordinary rate of	1. Subject to the exceptions and provisions hereinafter contained, the superannuation allowance to be granted after the commencement of this Act to persons who shall have served in an established capacity in the permanent Civil Service of the Colonial Government, whether their remuneration be computed by day pay, weekly wages or annual salary, and for whom provision is not otherwise made by legislative enactment in force at the time of the commencement of this Act or hereafter to be passed, shall be as follows, that is to say :—
superannuation
allowance

To any person who has served ten years and upwards and under eleven years, an annual allowance of ten-sixtieths of the annual salary and emoluments of his office.

For eleven years and under twelve years, an annual allowance of

eleven-sixtieths of such salary and emoluments.

And in like manner a further addition to the annual allowance of one-sixtieth in respect of each additional year of such service until the completion of a period of service of forty years, when the annual allowance of forty-sixtieths may be granted, and no addition shall be made in respect of any service beyond forty years.

Provided that if any question should arise in any department of the public service as to the claim of any person for superannuation under this clause it shall be referred to the Governor in Executive Council, whose decision shall be final.

Provision for	2. It shall be lawful for the Governor in Executive Council from
computing

amount of super-	time to time by any order or warrant to declare that for the due and
annuation to
persons holding	efficient discharge of the duties of any office or class of offices, to be
professional anti	specified in such order or warrant, professional or other peculiar qualifi-
other special
offices	cations not ordinarily to be acquired in the public service are required and that it is for the interest of the public that persons should be

35 VICTORLE. No. 7

Pensions and Superannuations

appointed thereto at an age exceeding that at which public service ordinarily begins, and by the same or any other warrant or order to direct that when any person now holding or who may hereafter be appointed to such office or any of such class of officers shall retire from the public service, a number of years, not exceeding twenty, to be specified in the said order or warrant, shall in computing the amount of superannuation allowance which may be granted to him under the foregoing section of this Act be added to the number of years during which he may have actually served, and also to direct that in respect of such office or class of officers the period of service required to entitle the holders to superannuation may be a period less than ten years to be specified in the order or warrant : Provided that no grant shall be made under this section before receiving the sanction of the Legislative Council.

3. The superannuation allowance to be granted to any person stwerannuations„ under this Act shall not be computed upon the amount of the salary loTI far tea and emoluments enjoyed by him at the time of his retirement unless he 1:ecrnetvnetalo larY has been in receipt of the same for a period of at least three years im- than threelyeTs. mediately before the granting of such superannuation allowance, and

in case he shall not have enjoyed his then existing salary and emolu- 4 115:72.

ments for that period, such superannuation allowance shall be calculated e'	'
upon the average amount of salary and emoluments received by such person for three years next preceding the commencement of such allowance.

4. It shall be lawful for the Governor in Executive Council to Allowances in grant to any person who being the holder of an office in respect;of gaaes of boggy	njury	i
which a superannuation allowance may be granted but not having completed the period which would have entitled him to a superannuation allowance is compelled to quit the public service by reason of severe bodily injury occasioned without his own default in the discharge of his public duty, a gratuity not exceeding three months' pay for every two years of service or a superannuation allowance not exceeding ten- sixtieths of the annual salary and emoluments of his office.

5. It shall be lawful for the Governor in Executive Council to Power to Gorey-

grant to any person who being the holder of an office in respect of K rmi li-oecg',,t,',y-lip

which a superannuation allowance may be granted is constrained from gratuities ill case

infirmity of mind or body to leave the public service before the comple- ofshort service shall exceed the amount of one month's pay for each year of service.

tion of the period which would entitle him to a superannuation allow-

ance such sum of money by way of gratuity as the Governor in

6.   It shall be lawful for the Governor in Executive Council to Power to Geyer.

grant to any person retiring or removed from the public service under '6',,tr„taT'1,,e,',I ce'

the Colonial Government in consequence of the abolition of his office %abolition of

or for the purpose of facilitating improvements in the organisation of o "S

the department to which he belongs by which greater efficiency and

economy can be effected such special annual allowance by way of

compensation as on a full consideration of the circumstances of the case

may seem to the Governor in Council to be a reasonable and just

compensation for the loss of office ; and if the compensation shall exceed

the amount to which such person would bare been entitled under the

35 VICTORDE. No. 7

Pensions and Superannuations

scale of superannuation provided by this Act if ten years were added to the number of years which he may have actually served, such allow- ance shall be granted by special minute stating the special grounds for granting such allowance, which minutes shall be laid before the Legis- lative Council, and no such allowance shall exceed two-thirds of the salary and emoluments of the office.

Conditions of 7. It shall not be lawful for the Governor in Executive Council to

grant of fsuperam ullmations grant the full amount of superannuation allowance which can be

departments of the head officers of a department unless upon production of anot heads of to public officers granted under this Act to any person not being the head officer or one

certificate signed by the head officer of the department by two head officers if there be more than one, that he has served with diligence and fidelity to the satisfaction of such head officer or officers, and in every case in which any superannuation allowance is granted after the refusal of such certificate the Order in Council granting it shall state such refusal and the grounds on which such allowance is granted.

Special services, S. It shall be lawful for the Governor in Executive Council to

reduce- d allow

ances ton de- grant to any person any superannuation, compensation, gratuityor

merits in indi- other allowance of greater amount than the amount which might be visual cases awarded to him under the foregoing provisions when special services

rendered by such person and requiring special reward shall appear to him to justify such increase, but so that such allowance shall in no case exceed the salary and emoluments enjoyed by the grantee at the time of retirement, and the grounds of every such increase shall be stated in a minute of the Governor in Council which shall be laid before and be subject to the confirmation of the Legislative Council ; and the Governor in Council may grant to any person any such allowance of less amount than otherwise would have been awarded to him when his defaults or demerit in relation to the public service appear to the Governor in Executive Council to justify such diminution.

Evidence of	9. It shall not be lawful to grant any superannuation allowance of age unless upon medical certificate to the satisfaction of the Governor in Executive Council that he is incapable from infirmity of mind or body to discharge the duties of his situation and that such infirmity is likely to be permanent.
persons under
infirmity of	under the provisions of this Act to any person who is under sixty years
siPty

Persons super- 10. Every person to whom a superannuation or compensation

animated under	allowance has been granted before he has attained the age of sixty
sixty may be

recti?iredto serve years shall until he has attained that age be liable to be called upon to

again fill any public office or situation under the Crown in this Colony for

which his previous public services may render him eligible and if he declines when called upon to do so to take upon himself such office or situation or declines or neglects to execute the duties thereof satis- factorily being in a competent state of health he shall forfeit his right to the compensation or superannuation allowance which had been granted to him.

No super:mune- 11. In case any person enjoying any superannuation allowance in tit°,rteotPell" consequence of retiring from office on account of age, infirmity or any enjoy with other cause or enjoying any compensation for past services upon the	salary for
efficient services abolition or reduction of office is appointed to fill any office in any

public department under the Crown whether in this Colony or else-

35 VICTORLE. No. 7

Pensions and Superannuations

where every such allowance or compensation shall cease to be paid for any period subsequent to such appointment if the annual salary and emoluments of the office to which he is appointed are equal to those of the office formerly held by him, and in case they are not equal to those of his former office then no more of such superannuation allow- ance or compensation shall be paid to him than what with the salary and emoluments of his new appointment is equal to those of his former office.

12. Nothing in this Act contained shall extend or be construed to Act not t lVeht

extend to give any person an absolute right to compensation for past .on...1o7va esigor nc

services or to any superannuation or retiring allowance under this Act itifigyarpp,,s or to deprive the Governor of the power and authority to dismiss any for misconduct person from the public service without compensation.

13. The Governor in Executive Council may from time to time Governor to

make such rules as he deems expedient for regulating the superannua- Inertijklrg"1,71.01,°,.`: tion allowances on the ultimate retirement from the permanent Civil once to officers Service of the Colony of colonial officers who may have been promoted tomi.littrar and transferred from or into the permanent Civil Service of the Colony. sauce

And may alter or revoke such rules or any of them and make others in their stead.

14. Sections 2 and 8 of this Act shall not apply to persons who Sections 2 and 8 may enter the public Civil Service of this Colony after the date on =}7,101,`'s which this Act comes into operation.

15. In referring to this Act it shall be sufficient to use the expres- short title

sion The Superannuation Act.'

FRED. A. WELD,

GOVERNOR.