Superannuation Act (No. 2) 1951

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Legislation au C1951A00062 In force Act

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SUPERANNUATION (No. 2).

 

No. 62 of 1951.

An Act to amend the Superannuation Act 1922-1950, as amended by the Superannuation Act 1951, and for other purposes.

[Assented to 11th December, 1951.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title and citation

1.—(1.) This Act may be cited as the Superannuation Act (No. 2) 1951.

(2.) Section one of the Superannuation Act 1951 is amended by omitting sub-section (3.).

(3.) The Superannuation Act 1922-1950, as amended by the Superannuation Act 1951 and by this Act, may be cited as the Superannuation Act 1922-1951.

(4.) The Superannuation Act 1947-1950, as amended by this Act, may be cited as the Superannuation Act 1947-1951.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Increase of certain pensions.

3. Section thirty-one a of the Superannuation Act 1947-1950 is repealed.

4. After section fifty-eight of the Superannuation Act 1922-1950, as amended by the Superannuation Act 1951, the following section is inserted in Division 4 of Part IV.:—

Increase in certain pensions.

“59.—(1.) The rate of pension payable to a person under either of the last two preceding sections (not being a pension for which contributions were made to a State Fund as defined by section sixty an of this Act) shall, subject to the next succeeding sub-section, be increased—

(a) if the rate of the pension does not exceed Two hundred and sixty pounds per annum—by one-fifth;

(b) if the rate of the pension exceeds Two hundred and sixty pounds per annum but does not exceed Six hundred and fifty pounds per annum—by Fifty-two pounds per annum; or


(c) if the rate of the pension exceeds Six hundred and fifty pounds per annum but is less than Seven hundred and two pounds per annum—by such sum as will increase the rate of that pension to Seven hundred and two pounds per annum.

“(2.) The rate of pension payable to the widow of a person who, but for his death, would have been entitled to receive a pension under either of the last two preceding sections (not being a pension for which contributions were made to a State Fund as defined by section sixty an of this Act) shall be increased—

(a) if the rate of the pension does not exceed One hundred and thirty pounds per annum—by one-fifth;

(b) if the rate of the pension exceeds One hundred and thirty pounds per annum but does not exceed Three hundred and twenty-five pounds per annum—by Twenty-six pounds per annum; or

(c) if the rate of the pension exceeds Three hundred and twenty-five pounds per annum but is less than Three hundred and fifty-one pounds per annum—by such sum as will increase the rate of that pension to Three hundred and fifty-one pounds per annum.

“(3.) For the purposes of this section, the rate of pension payable under either of the last two preceding sections includes the amount of the increase in the pension effected by section thirty-one a of the Superannuation Act 1948 or, in the case of a pension which becomes payable after the commencement of this section, the amount by which the rate of pension would have been increased under section thirty-one a of that Act if the pension had become payable immediately before the commencement of this section.

“(4.) The Commonwealth shall pay to the Superannuation Fund the amount of the increases of pensions effected by this section and the Consolidated Revenue Fund is appropriated accordingly.”.

Retrospective payments.

5.—(1.) A person who, on or after the first day of October, One thousand nine hundred and fifty-one, and before the date of commencement of this Act, has received, or has been entitled to receive, a payment of a pension payable under section fifty-seven or fifty-eight of the Superannuation Act 1922-1950 (not being a pension for which contributions were made to a State Fund as defined by section sixty an of that Act) shall be paid an amount equal to the amount by which the amount of pension so paid is less than the amount of pension which would have been payable to that person if the increase in the rate of pension effected by this Act had been payable from and including the first day of October, One thousand nine hundred and fifty-one.

(2.) Payments under this section are payable by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.

Overview

The Superannuation Act (No. 2) 1951 was enacted by the Parliament of Australia to amend the existing Superannuation Act 1922-1950, and to address the need for increasing certain superannuation pensions. This Act was assented to on 11th December, 1951, and its purpose was to provide an appropriation from the Consolidated Revenue Fund for the increased pension payments. The Act aimed to increase specific superannuation pensions, making it applicable to pensions payable under certain sections of the Superannuation Act 1922-1950, excluding those pensions for which contributions were made to a State Fund. Furthermore, it allowed for retrospective payments to be made to individuals who had received or were entitled to receive pensions before the Act's commencement, to cover the difference in pension amounts resulting from the increase.

Scope and Application

The Superannuation Act (No. 2) 1951 amends the Superannuation Act 1922-1950 and the Superannuation Act 1947-1950 to increase certain pension rates payable under these Acts. The legislation applies to individuals and widows who are entitled to pensions under the specified sections of the Superannuation Act 1922-1950, excluding pensions funded by State Funds. The increase in pension rates is based on the current rate of the pension, with specific increments applied to different pension brackets. Additionally, the Act provides for retrospective payments to individuals who received pensions from 1 October 1951 to the date of the Act's commencement, ensuring they receive the difference between their actual pension and the increased rate. The Act extends to the entire Commonwealth of Australia, impacting superannuation recipients across the nation.

Key Provisions

The Superannuation (No. 2) Act 1951 introduces key changes to the Superannuation Act 1922-1950, with a primary focus on increasing pension rates and providing retrospective payments. The new Act (sections 3 and 4) amends the Superannuation Act 1947-1950 by repealing section thirty-one a and introducing a new section 59. Section 59 mandates an increase in pension rates for eligible recipients, depending on the existing pension amount, with specific increases for pensions up to £702 per annum for individuals and up to £351 per annum for widows (section 59(1) and (2)). This increase includes pensions that would have been adjusted under the repealed section thirty-one a (section 59(3)). Furthermore, section 5 provides for retrospective payments to those who received pensions between 1 October 1951 and the date of the Act's commencement, ensuring they receive the difference between their actual pension and the increased pension rate (section 5(1)). The Act imposes specific obligations on the Commonwealth to make these pension adjustments and retrospective payments. It mandates the payment of increased pension rates to the Superannuation Fund and requires retrospective payments from the Consolidated Revenue Fund (sections 59(4) and 5(2)). The Commonwealth must ensure that all eligible recipients receive their increased pensions and that those who were short-changed due to the delay in implementing the new rates are compensated accordingly. Failure to comply with the provisions of this Act could result in legal consequences. While the Act does not explicitly outline specific offences or penalties, breaches of its provisions could potentially lead to legal actions for non-compliance. The Act's focus on pension adjustments and retrospective payments means that any failure to adhere to its requirements could be viewed as a breach of statutory duty, potentially leading to civil liability for the Commonwealth. The maximum penalties are not explicitly stated in the Act, but non-compliance could result in financial compensation to affected pensioners through judicial review or other legal processes.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Increase of certain pensions
Retrospective payments

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.