Transport Employees Retirement Benefits (Amendment) Act 1977 (NSW)

TRANSPORT EMPLOYEES RETIREMENT

BENEFITS (AMENDMENT) ACT, 1977

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ANNO VICESIMO SEXTO m

ELIZABETHiE H REGIN^E

Act No. 51, 1977.

An Act to amend the Transport Employees Retirement Benefits Act, 1967, so as to provide for the automatic adjustment of pensions payable under that Act, and in certain other respects. [Assented to, 21st June. 1977.1

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G 45597A—22

Act No. 51,1977.

Transport Employees Retirement Benefits {Amendment).

"DE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short 1. This Act may be cited as the “Transport Employees

title. Retirement Benefits (Amendment) Act, 1977”,

Amend­	2. The Transport Employees Retirement Benefits Act,
ment of

Act No. 96,	1967, is amended in the manner set forth in Schedule 1.
1967.

Sec. 2. SCHEDULE 1.

A m endm ents to the T ransport E mployees

R etir e m e n t Ben efits A ct , 1967.

(1) Section 2—

After the matter relating to Part III, insert:—

Part IIIa— A utomatic A d ju stm en t of

P ensions.

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits fAmendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees

R etirem en t Ben efits A ct , 1967— continued.

(2) PartlllA —

After Part III, insert:—

Part I I I a .

A utomatic Ad ju s t m e n t of P ensions.

3 1 a . ( 1 ) In this Part, except in so far as the interpreta-

context or subject-matter otherwise indicates or

requires—

“adjustment date”, in relation to a year, means the first day of the pension pay period that ends on the first pension pay day in the October that next follows that year;

“adjustment percentage”, in relation to a year, means (subject to section 31b ( 2 ) ) the per­ centage for that year, calculated in accordance with section 31b ;

“Index number”, in relation to a June quarter, means the number for that June quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician under the Census and Statistics Act 1905 of the Parliament of the Commonwealth as amended from time to time or any Act of that Parliament passed in substitution therefor;

“June quarter”, in relation to a year, means the period commencing on and including 1st April in that year and ending on and including 30th June in that year;

SCHEDULE

Act No. 51,1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees

R etirem en t Be n efits A ct , 1967—continued.

“pension” means a pension payable under section

23;

“pensioner” means a person in receipt of a pension;

“quarter”, in relation to a year, means—

(a)	the period commencing on and including 1st July in that year and ending on and including 30th September in that year;
(b)	the period commencing on and including 1st October in that year and ending on and including 31st December in that year;
(c)	the period commencing on and in­ cluding 1st January in that year and ending on and including 31st March in that year; or
(d)	the period commencing on and in­ cluding 1st April in that year and ending on and including 30th June in that year;

“year” means—

(a)	the period commencing on and including 1st July, 1976, and ending on and including 30th June, 1977; or
(b)	a subsequent period commencing on and including 1st July and ending on and including the next following 30th June.

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees R etirem en t Be n efits A c t , 1967— continued.

(2) Where a pension is to be adjusted under

this Part by reference to the adjustment percentage for a year, a reference (however expressed) in this Part to adjusting the pension is a reference to—

(a)	where the adjustment percentage is calculated in accordance with the formula set out in section 31b (1 ) (a )— increasing the pension; or
(b)	where the adjustment percentage is calculated in accordance with the formula set out in section 31b (1) (b )— reducing the pension.

31b . (1) For the purposes of the definition of Calculation

“adjustment percentage” in section 31a (1), the

percentage for a year shall be calculated— percentage.

(a) if the Index number for the June quarter in that year is greater than the Index number for the immediately preceding June quarter —in accordance with the following formula ;■—•

P = 100 (C - L)

(b) if the Index number for the June quarter in that year is less than the Index number for the immediately preceding June quarter —in accordance with the following formula :—

P = 100 (L - C) L

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees R etir em en t Ben efits A ct , 1967—continued.

where—

P is the percentage to be obtained;

C is the Index number for the June quarter in that

year; and

L is the Index number for the immediately

preceding June quarter.

(2) Where—

(a)	the percentage calculated for a year in accordance with this section is less than 1.0 per centum; or
(b)	the Index number for the June quarter in that year is the same as the Index number for the immediately preceding June quarter,

there shall be deemed to be no adjustment percentage

for that year.

(3) Where there is deemed to be no adjust­

ment percentage for a year, then, for the purposes of

calculating the percentage for the next year—

(a)	the Index number for the June quarter in the firstmentioned year shall be deemed not to have been published; and
(b)	the Index number for that quarter shall be deemed to be the same as the Index number for the June quarter in the last year for which there was an adjustment percentage.

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits (^Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees R etirem en t Ben efits A ct , 1967—continued.

(4) If at any time, whether before or after

the commencement of this Part, the Australian Statistician has published in respeet of a particular June quarter an Index number in substitution for an Index number previously published by him in respect of that quarter—

(a)	except as provided in paragraph (b)—the publication of the later Index number shall be disregarded; or
(b)	if the Minister so directs—regard shall, after the direction is given, be had to the later and not to the earlier Index number,

for the purposes of this Part.

(5) Notwithstanding subsection (4), if at any

time after the commencement of this Part the Aus­ tralian Statistician changes the reference base for the Consumer Price Index (All Groups Index) for Sydney, then, for the purposes of the application of this Part after the change takes place, regard shall be had only to Index numbers published in terms of the new reference base.

31c. (1) Subject to this Act, where there is an Adjustment adjustment percentage for a year (in this section ggneraf°”*' referred to as “the particular year”), the pension cases,

payable on the adjustment date for that year to a person to whom this section applies is hereby adjusted, on and from that adjustment date, by that percentage.

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees R etir em en t Ben efits A ct , 1967—continued.

(2) This section applies to—

(a)	a person who last became a pensioner on or before 1st July in the particular year; and
(b)	a person who is the widow of a pensioner, where that pensioner last became a pensioner on or before 1st July in the particular year and died before the adjustment date for that year.

(3) A reference in subsection (1) to a

pension payable to a person includes a reference to the pension that would have been payable to him had section 60a not been enacted.

AdjustmeHt	3 I d . (1) Subject to this Act, where there is an referred to as “the particular year”), the pension payable on the adjustment date for that year to a person to whom this section applies is hereby adjusted, on and from that adjustment date, by the percentage calculated in accordance with the formula set out in subsection (3).
of pensions:
partial	adjustment percentage for a year (in this section
adjustment.

(2) This section applies ti

(a) a person who last became a pensioner after 1st July in the particular year but on or before 1st April in that year; and

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees Re t ir e m e n t Ben efits A ct , 1967—continued.

(b) a person who is the widow of a pensioner, where that pensioner last became a pensioner after 1st July in the particular year but on or before 1st April in that year and died before the adjustment date for that year,

but does not apply to a person to whom section 31c

applies.

(3) The formula referred to in subsection

(1) is—

P X 4

where—

A

is the percentage by which the pension is to be

adjusted;

is the adjustment percentage for the particular

year; and

is the number of whole quarters of the particu­

lar year, being whole quarters after, and (if

applicable) the whole quarter on the first day

of which—

(a)	in the case of a person referred to in sub­ section (2) (a )—the person last became a pensioner; or
(b)	in the case of a person referred to in sub­ section (2) (b )—her late pensioner husband last became a pensioner.

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees R etirem en t Be n efits A ct , 1967—continued.

(4) A reference in subsection (1) to a pen­

sion payable to a person includes a reference to the pension that would have been payable to him had section 60a not been enacted.

Minimum	31e . Notwithstanding anything in this Part—
amount
to which

pensions (a) a pension (other than a pension payable to a pensioner) shall not be reduced below the fortnightly amount that would, if this Part had not been enacted, have been payable; and

may be	a person by virtue of her being a widow of
leduced.

(b) a pension payable to a person by virtue of her being a widow of a pensioner shall not be reduced below the fortnightly amount that would have been payable to her by reference to the pension that would, if this Part had not been enacted, have been payable to her late husband.

Additional	3I f . (1) Where, by virtue of there being an is payable to a pensioner or to the widow of a deceased pensioner, the employer in whose service the pensioner or deceased pensioner was employed at the date of his retirement shall pay to the Board at such intervals as may be determined by the Board and on the requisition of the Board, an amount equal to the difference between the amount of the increased pension and the amount of pension that would have been payable had there been no adjustment percentage for that year.
payment
by	adjustment percentage for a year, an increased pension
employer

SCHEDULE

Act No. 51,1977.

Transport Employees Retirement Benefits (Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees R etirem en t Ben efits A ct , 1967—continued.

(2) The provisions of section 29 (3), (4) and (5) apply to and in respect of any payment required by subsection (1) to be made to the Board in the same way as they apply to and in respect of any payment required by section 29 (2) or (2a) to be made to the Board.

3 1 g . Where a percentage that is to be calculated Calculatioa

under this Part is or includes a fraction of one-tenth pgrcentages.

of one per centum—

(a)	if that fraction is less than one-half of one- tenth—that fraction shall be disregarded; and
(b)	if that fraction is not less than one-half of one-tenth—that fraction shall be treated as one-tenth.

(3) Section 60a—

After section 60, insert:—

6 0 a . ( I ) Notwithstanding anything in this Act, Suspension

where a person entitled to receive a pension 'Wilder

section 23 (including any increase payable under Part certain

I I I a ) would, in the opinion of the Board, thereby be

prejudicially affected in respect of any benefits other-	'
wise receivable by that person, the amount of pension payable shall be such lesser amount than that provided for under this Act as the Board from time to time determines.

SCHEDULE

Act No. 51, 1977.

Transport Employees Retirement Benefits {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T ransport E mployees Retir em en t Ben efits A c t , 1967—continued.

(2) Where the Board, under subsection (1), reduces the amount of an increase payable under Part IIIa, the amount of the increase as determined by the Board shall be payable in respect of such periods or at such times by way of lump sum or otherwise as the Board from time to time determines.

(3) A part of a pension that is not paid because of the Board’s determination under subsection (1) shall, in calculating a pension payable to a person by virtue of her being a widow of a pensioner, be taken into account as if it had been payable.