Commonwealth: Superannuation Act 1963 (Cth)

SUPERANNUATION. No. 102 of 1963. An Act relating to Superannuation. [Assented to 1st November, 1963.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:— Part I.—Preliminary. Short title and citation. 1.—(1.) This Act may be cited as the Superannuation Act 1963. (2.) The Superannuation Act 1922–1959 is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922–1963. Commencement. 2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2.) The amendment made by section nineteen of this Act shall be deemed to have come into operation on the thirteenth day of November, One thousand nine hundred and sixty-one. Parts 3. This Act is divided into Parts, as follows:— Part I.—Preliminary. Part II.—Amendments of the Superannuation Act 1922–1959. Part III.—Increases in Certain Superannuation Pensions. Part IV.—Miscellaneous. Part II.—Amendments of the Superannuation Act 1922–1959. Interpretation. 4. Section four of the Principal Act is amended— (a) by omitting from the definition of "Approved authority" in sub-section (1.) the words ", The Australian National University and the Council of the Canberra University College" and inserting in their stead the words "and The Australian National University"; and (b) by omitting from sub-section (1a.) the words ", the Science and Industry Research Act 1920–1926 and to the High Commissioner Act 1909" and inserting in their stead the words "and the Science and Industry Research Act 1920–1926". 5.—(1.) Section twelve of the Principal Act is repealed and the following section inserted in its stead:— Investment of the Fund. "12.—(1.) The moneys of the Fund shall, so far as is practicable, be invested by the Board. "(2.) Subject to this section, the moneys of the Fund may be invested by the Board— (a) in securities of the Commonwealth or of a State; (b) in a loan to a local governing body in Australia; (c) in a loan secured by a mortgage of an estate in fee simple, or of a leasehold interest, in land in Australia, being a loan— (i) the amount of which does not exceed seventy per centum of the value of the security at the time the loan is made; and (ii) which is repayable on demand or is for a term not exceeding thirty years; (d) in debentures issued in Australia by a company incorporated in Australia; or (e) in any manner for the time being allowed by an Act or State Act, or by an Ordinance of a Territory of the Commonwealth, for the investment of trust moneys in Australia, other than in stock or shares issued by a company, but shall not be invested in any other manner. "(3.) Except with the approval of the Treasurer, the Board shall not invest any moneys of the Fund at a rate of interest that is less than Three pounds fifteen shillings per centum per annum. "(4.) Moneys of the Fund shall not be invested in debentures unless— (a) the investment is permitted by, and is in accordance with, the regulations; and (b) the amount of the moneys to be invested, together with the value of any debentures in which moneys of the Fund are already invested, is less than one quarter of the value of the assets of the Fund. "(5.) In this section, 'debenture', in relation to a company, includes debenture stock, bonds, notes and any other securities of the company, whether constituting a charge on the assets of the company or not.". (2.) Any investment of the moneys of the Fund made before the commencement of this section in a loan of a kind referred to in paragraph (c) of sub-section (2.) of section twelve of the Principal Act as amended by this Act, being a loan that was not authorized by section twelve of the Principal Act, shall be deemed to have been lawfully made. Moneys uninvested may be lodged with Treasurer or in a bank. 6. Section thirteen of the Principal Act is amended by omitting the words "Commonwealth Bank" and inserting in their stead the words "Reserve Bank of Australia". Commencement and cessation of contributions. 7.—(1.) Section nineteen of the Principal Act is amended— (a) by omitting from paragraph (c) of sub-section (1a.) the words "or section nine of the High Commissioner Act 1909–1952"; and (b) by omitting sub-section (3.) and inserting in its stead the following sub-section:— "(3.) Where— (a) after, but as from a date before, the attainment by an employee of the maximum age for retirement; or (b) after, but as from a date before, the attainment by a pensioner of the maximum age for retirement, being a pensioner who retired on or after attaining that age, his salary is increased and the number of units of pension ascertained in accordance with sub-section (2.) of section twenty of this Act as it applied immediately after the increase having regard to his salary immediately after the increase is greater than the number of units of pension ascertained in accordance with that sub-section as it applied immediately before the increase having regard to his salary immediately before the increase, he may elect to contribute for additional units of pension but so that the total number of units does not exceed the first-mentioned number of units.". (2.) The amendment made by paragraph (b) of the last preceding sub-section does not apply in relation to an employee who attained the maximum age for retirement before the date of commencement of this section or a pensioner who retired before that date, and sub-section (3.) of section nineteen of the Principal Act continues to apply in relation to such an employee or pensioner as if this Act bad not been enacted. Scale of units of pension. 8. Section twenty of the Principal Act is amended— (a) by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-sections:— "(2.) Subject to this Act, the number of units of pension for which an employee shall contribute at any time is— (a) in the case of an employee to whom the next succeeding paragraph does not apply— (i) if the salary of the employee at that time does not exceed the prescribed amount—the number of units ascertained in accordance with the formula or (ii) if the salary of the employee at that time exceeds the prescribed amount—the number of units ascertained in accordance with the formula and (b) in the case of an employee— (i) who became an employee on or after the fourteenth day of December, One thousand nine hundred and fifty-nine, and before the commencement of the Superannuation Act 1963 or becomes an employee after the commencement of that Act: (ii) whose salary at that time exceeds One thousand three hundred pounds; and (iii) the number of years of whose prospective service is less than twenty, the number of units, disregarding any fraction of a unit, ascertained in accordance with the formula "(3.) For the purpose of the application at any time in relation to an employee of a formula contained in the last preceding sub-section— A is the number of pounds in the salary of the employee at that time or, if the number of pounds in the salary of the employee at that time is not a multiple of sixty-five, the next lower number that is such a multiple; B is the number of pounds in the prescribed amount; C is the number of pounds in the amount by which the salary of the employee at that time exceeds the prescribed amount or, if the number so ascertained is not a multiple of one hundred and fourteen, the next lower number that is such a multiple; D is the number by which the number of years of prospective service of the employee exceeds ten; and E is the number of units of pension for which the employee would be required to contribute at that time under paragraph (a) of the last preceding sub-section if that paragraph were applicable to him. "(3a.) For the purposes of the last two preceding sub-sections, the prescribed amount is Two thousand six hundred pounds or such other amount, being a multiple of Sixty-five pounds, as is specified in the regulations for the purpose of this sub-section. "(3b.) In making a regulation for the purpose of the last preceding sub-section, the Governor-General— (a) is not required to act on the recommendation of the Board; and (b) shall have regard to any general variations in the rates of salaries of employees that have occurred."; (b) by omitting sub-section (5.) and inserting in its stead the following sub-section:— "(5.) The number of units of pension for which an employee would otherwise be required to contribute at any time shall be reduced by the number of units of pension (if any) by which the number of units of pension ascertained in accordance with sub-section (2.) of this section as it applied immediately before that time, having regard to his salary immediately before that time, exceeds the number of units of pension for which he was then a contributor."; and (c) by omitting sub-section (8.) and inserting in its stead the following sub-section:— "(8.) Where an employee to whom the last preceding sub-section applies— (a) was a contributor for a number of units of pension less than the number of units ascertained in accordance with sub-section (2.) of this section as it applied immediately before his salary was increased, having regard to his salary immediately before it was increased; and (b) does not elect under the last preceding sub-section, he may elect to contribute for such number of additional units of pension as does not exceed the difference between the number of units ascertained in accordance with sub-section (2.) of this section as it applied immediately before his salary was increased, having regard to his salary immediately before it was increased, and the number of units for which he was a contributor.". 9. Section twenty-two of the Principal Act is repealed and the following section inserted in its stead:— Contributor reduced in salary. "22. Where the salary of a contributor is reduced and the number of units of pension ascertained in accordance with sub-section (2.) of section twenty of this Act as it applied immediately after the reduction, having regard to his salary immediately after the reduction, is less than the number of units ascertained in accordance with that sub-section as it applied immediately before the reduction, having regard to his salary immediately before the reduction, he may elect to reduce the number of units for or in respect of which he shall contribute to a number of units not less than the first-mentioned number of units.". Contribution for reserve units of pension. 10. Section thirty of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:— "(1.) A contributor who is contributing for the number of units of pension ascertained in accordance with sub-section (2.) of section twenty of this Act having regard to his salary may, from time to time, elect to contribute for one or more reserve units of pension in accordance with this Division.". Payments by the Commonwealth. 11. Section thirty-three of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:— "(1.) This section has effect except as otherwise provided by this Act, the Superannuation Act 1959 or the Superannuation Act 1963.". Amount of pension on retirement. 12. Section forty-three of the Principal Act is amended by omitting the words, ", as set out in the Second Schedule to this Act,". 13. Section fifty-two of the Principal Act is repealed and the following section inserted in its stead:— Rights of contributors who have been candidates at elections. "52.—(1.) This section applies to a person, being a contributor, who— (a) resigned from his employment in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State; (b) was a candidate at the election; and (c) failed to be elected. "(2.) Where a person to whom this section applies— (a) on application made by him within two months after the declaration of the result of the election, becomes employed by the Commonwealth or by an approved authority— (i) in the case of a person who, immediately before his resignation, was deemed to be an employee by virtue of section four of this Act or by virtue of any other Act—on terms that require him to give the whole of his time to the duties of his employment; or (ii) in any other case—otherwise than as a casual, exempt or temporary employee; or (b) dies before the expiration of that period, and the amount paid to him under the last preceding section upon his resignation is repaid to the Board before the expiration of that period or within such further time as the Board allows, he shall be deemed not to have ceased, by reason of his resignation, to be a contributor or to be, or to be deemed to be, an employee.". Certain contributors who change the nature of their employment to continue as contributors. 14. Section fifty-three of the Principal Act is amended— (a) by adding at the end of sub-section (1.) the words "or an employee"; (b) by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:— "(a) the employment of a contributor, being a person who is deemed to be an employee by virtue of section four of this Act or by virtue of any other Act, terminates or is terminated; and"; and (c) by adding at the end of sub-section (2.) the words "or to be deemed to be an employee". Break-down pensioners deemed to be on leave. 15. Section sixty-four of the Principal Act is amended by omitting sub-section (3.). 16. After section sixty-four of the Principal Act the following section is inserted:— Power of Board to require break-down pensioners to be medically examined and to furnish information as to employment. "64a.—(1.) The Board may, by notice in writing to a person who has been retired on pension under section forty-five of this Act, require that person— (a) to submit himself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or (b) to furnish in writing to the Board, within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his own account) in which the person has been engaged during such period as is specified in the notice. "(2.) A notice to a person under the last preceding sub-section may be given by delivering it to him personally or by sending it by post addressed to him at his address last-known to the Board. "(3.) Where a person fails to comply with a notice given to him under this section and does not satisfy the Board that there was reasonable excuse for the failure, the Board may suspend the person's pension. "(4.) Where the Board suspends a person's pension under this section by virtue of the person having failed to comply with a notice requiring him to submit himself for medical examination, his pension is not payable in respect of the period that commenced on the day on which he was required by the notice to submit himself for examination and ends on the day immediately preceding the day on which he submits himself for medical examination at a time and place approved by the Board. "(5.) Where the Board suspends a person's pension under this section by virtue of the person having failed to comply with a notice requiring him to furnish information to the Board, his pension is not payable in respect of the period that commenced upon the expiration of the period within which he was required by the notice to furnish the information and ends on the day immediately preceding the day on which he furnishes the information to the Board. "(6.) The cost of any medical examination carried out for the purposes of this section shall be treated as part of the cost of the administration of this Act.". Pensioner restored to health may be recalled to service. 17. Section sixty-five of the Principal Act is amended by omitting from sub-section (4.) the words "or in other employment, at a remuneration not less than two-thirds of his salary" and inserting in their stead the words "or in other employment (whether as an employee or on his own account), and the rate of his earnings from that employment is not less than two-thirds of the rate of his salary". Certain contributors who change the nature of their employment to continue as contributors. 18. Section eighty-six of the Principal Act is amended— (a) by adding at the end of sub-section (1.) the words "or an employee"; (b) by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:— "(a) the employment of a contributor to the Provident Account, being a person who is deemed to be an employee by virtue of section four of this Act or by virtue of any other Act, terminates or is terminated; and"; and (c) by adding at the end of sub-section (2.) the words "or to be deemed to be an employee". 19. Section eighty-eight of the Principal Act is repealed and the following section inserted in its stead:— Rights of contributors who have been candidates at elections. "88.—(1.) This section applies to a person, being a contributor to the Provident Account, who— (a) resigned from his employment in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State; (b) was a candidate at the election; and (c) failed to be elected. "(2.) Where a person to whom this section applies— (a) on application made by him within two months after the declaration of the result of the election, becomes employed by the Commonwealth or by an approved authority— (i) in the case of a person who, immediately before his resignation, was deemed to be an employee by virtue of section four of this Act or by virtue of any other Act—on terms that require him to give the whole of his time to the duties of his employment; or (ii) in any other case—otherwise than as a casual, exempt or temporary employee; or (b) dies before the expiration of that period, and the amount paid to him under section eighty-five of this Act upon his resignation is repaid to the Board before the expiration of that period or within such further time as the Board allows, he shall be deemed not to have ceased, by reason of his resignation, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee and he shall be deemed to have received salary from the time of his resignation to the time of the commencement of his employment by the Commonwealth or by the authority or the time of his death, as the case may be, at the rate at which he would have received salary if he had not resigned.". Application of Part. 20. Section one hundred and eleven of the Principal Act is amended— (a) by omitting from sub-paragraph (i) of paragraph (c) of sub-section (2.) the words "or the High Commissioner Act 1909–1952"; (b) by adding at the end of sub-paragraph (ii) of that paragraph the word "or"; (c) by omitting from sub-paragraph (iii) of that paragraph the word "or"; and (d) by omitting sub-paragraph (iv) of that paragraph. 21. Section one hundred and thirty-one of the Principal Act is repealed and the following section inserted in its stead:— Delegation by Board. "131.—(1.) The Board may, by instrument in writing under its common seal, delegate to a member of the Board or to an officer of the Public Service of the Commonwealth, either generally or otherwise as provided in the instrument of delegation, all or any of its powers (except this power of delegation). "(2.) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation. "(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Board.". Acceptance of election outside prescribed period. 22. Section one hundred and thirty-five of the Principal Act is amended— (a) by inserting in sub-section (1.), after the word "made" (first occurring), the words "by an employee or pensioner"; (b) by omitting from paragraph (a) of sub-section (1.) the words "to the employee or his dependants" and inserting in their stead the words "to, or to the dependants of, the employee or pensioner"; and (c) by omitting from sub-section (2.) the words "the employee" and inserting in their stead the words "an employee". Regulations. 23. Section one hundred and fifty of the Principal Act is amended by inserting in paragraph (c), after the word "employee", the words " or pensioner". Repeal of First and Second Schedules. 24. The First and Second Schedules to the Principal Act are repealed. Part III.—Increases in Certain Superannuation Pensions. Interpretation. 25.—(1.) In this Part, unless the contrary intention appears— "actual unit contribution", in relation to a prescribed pensioner, means the number of units of pension in respect of which pension was payable to the pensioner immediately before the commencing date; "actual unit entitlement"— (a) in relation to a prescribed pensioner (not being a non-contributory pensioner) who retired before the fourteenth day of December, One thousand nine hundred and fifty-nine, means— (i) the number of units of pension that, at the prescribed time, was, in accordance with the scale set out in sub-section (1.) of section thirteen of the Superannuation Act 1922 or of that Act as amended and in force at that time, applicable to an annual salary equal to his annual salary at that time; or (ii) his actual unit contribution, whichever is the greater; (b) in relation to a prescribed pensioner (not being a non-contributory pensioner) who retired on or after the fourteenth day of December, One thousand nine hundred and fifty-nine, means— (i) if the pensioner became an employee before that date—the number of units of pension that was, in accordance with Part I. of the First Schedule to the Superannuation Act 1922–1959, applicable to an annual salary equal to his annual salary at the time immediately before his retirement or his actual unit contribution, whichever is the greater; or (ii) if the pensioner became an employee on or after that date—the number of units of pension that was, in accordance with Part II. of that Schedule, applicable to an annual salary equal to his annual salary at the time immediately before his retirement, having regard to the number of years of prospective service equal to the number of years of his prospective service, or his actual unit contribution, whichever is the greater; and (c) in relation to a prescribed pensioner (being a non-contributory pensioner), means— (i) the number of units of pension that was, in accordance with the scale set out in sub-section (1.) of section thirteen of the Superannuation Act 1922, applicable to an annual salary equal to his annual salary at the time immediately before his retirement; or (ii) four units of pension, whichever is the less; "additional unit entitlement", in relation to a prescribed pensioner, means the number of units of pension, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement; "adjusted unit entitlement"— (a) in relation to a prescribed pensioner who became an employee before the fourteenth day of December, One thousand nine hundred and fifty-nine—the number of units of pension that was, in accordance with Part I. of the First Schedule to the Superannuation Act 1922–1959, applicable to an annual salary equal to his notional annual salary; or (b) in relation to a prescribed pensioner who became an employee on or after that date—the number of units of pension that was, in accordance with Part II. of that Schedule, applicable to an annual salary equal to his notional annual salary, having regard to the number of years of prospective service equal to the number of years of his prospective service; "non-contributory pensioner" means a person to whom, immediately before the commencing date, a pension was payable (otherwise than as a widow) by virtue of section nine or section fourteen of the Superannuation Act (No. 2) 1956; "notional annual salary", in relation to a prescribed pensioner, means such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that occurred after the prescribed time, determines to be the salary that, as at the twelfth day of July, One thousand nine hundred and sixty-one— (a) in the case of a pensioner who is not a non-contributory pensioner, corresponded with the annual salary that was payable to him at the prescribed time; or (b) in the case of a pensioner who is a non-contributory pensioner, corresponded with— (i) the annual salary that was payable to him at the prescribed time; or (ii) the minimum annual salary that, at the commencement of the Superannuation Act 1922, entitled an employee to contribute for four units of pension, whichever is the less; "prescribed pensioner" means— (a) a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor, being a pension that commenced to be payable before the thirteenth day of July, One thousand nine hundred and sixty-one; or (b) a non-contributory pensioner; "the commencing date" means the day on which this Act receives the Royal Assent; "the prescribed amount"— (a) in relation to a prescribed pensioner, not being a pensioner in relation to whom paragraph (b), (c), (d) or (e) of this definition applies—means the amount of Thirty-two pounds ten shillings; (b) in relation to a prescribed pensioner whose actual unit contribution is less than his actual unit entitlement, not being a pensioner in relation to whom section fifty-two of the Superannuation Act 1922 or of that Act as amended applied or in relation to whom paragraph (d) or (e) of this definition applies—means such amount as bears to the amount of Thirty-two pounds ten shillings the same proportion as his actual unit contribution bears to his actual unit entitlement; (c) in relation to a prescribed pensioner in relation to whom section fifty-two of the Superannuation Act 1922 or of that Act as amended applied and who had neglected to contribute, or had elected not to contribute, for a unit of pension (including a fraction of a unit of pension) for which he was eligible or required to contribute, not being a pensioner in relation to whom either of the next two succeeding paragraphs applies—means such amount as bears to the amount of Thirty-two pounds ten shillings the same proportion as his actual unit contribution bears to a number of units of pension equal to the difference between— (i) if the pensioner retired before the fourteenth day of December, One thousand nine hundred and fifty-nine—the number of units of pension that, at the prescribed time, was, in accordance with the scale set out in sub-section (1.) of section thirteen of the Superannuation Act 1922 or of that Act as amended and in force at that time, applicable to an annual salary equal to his annual salary at that time; (ii) if the pensioner retired on or after that date (being a pensioner who became an employee before that date)—the number of units of pension that was, in accordance with Part I. of the First Schedule to the Superannuation Act 1922–1959, applicable to an annual salary equal to his annual salary at the time immediately before his retirement; or (iii) if the pensioner retired on or after that date (being a pensioner who became an employee on or after that date)—the number of units of pension that was, in accordance with Part II. of that Schedule, applicable to an annual salary equal to his annual salary at the time immediately before his retirement, having regard to the number of years of prospective service equal to the number of years of his prospective service, and the number of units determined in relation to him for the purposes of paragraph (b) of sub-section (1.) of section fifty-two of the Superannuation Act 1922 or of that Act as amended; (d) in relation to a prescribed pensioner whose pension became payable under the proviso to section twenty-nine of the Superannuation Act 1922 or of that Act as amended, or under section sixty m, or paragraph (a) of sub-section (2.) of section sixty o, of the Superannuation Act 1922–1924 or of that Act as amended, not being a pensioner in relation to whom the next succeeding paragraph applies—means such amount as bears to the amount that would, but for this paragraph and the next succeeding paragraph, be applicable in relation to him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if, upon retirement, he had become entitled to receive a pension under section twenty-nine of the Superannuation Act 1922, or of that Act as amended, according to the number of units of pension for which he was contributing at the time of his retirement; and (e) in relation to a prescribed pensioner who entered into an agreement with the Board under section seventy-three of the Superannuation Act 1959 and whose pension was reduced in pursuance of that agreement by reason of his not having paid an amount of, or of interest upon, contributions the payment of which was deferred—means such amount as bears to the amount that would, but for this paragraph, be applicable in relation to him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if his pension had not been so reduced; "the prescribed time"— (a) in relation to a prescribed pensioner who retired before the twelfth day of June, One thousand nine hundred and forty-seven, not being a non-contributory pensioner—means the time immediately before he ceased to pay contributions or he attained the maximum age for retirement, whichever first occurred; and (b) in relation to any other prescribed pensioner—means the time immediately before his retirement. (2.) Expressions used in this Part that are also used in the Superannuation Act 1922–1963 have in this Part, unless the contrary intention appears, the same respective meanings as they have in that Act. (3.) For the purposes of this Part, the annual salary that was payable at any relevant time to a prescribed pensioner who, at that time, was paid salary at a rate other than an annual rate of salary shall be ascertained as prescribed for the purposes of section twenty of the Superannuation Act 1922–1963. Increases in certain pensions. 26.—(1.) Where the adjusted unit entitlement of a prescribed pensioner exceeds his actual unit entitlement, the pensioner is, subject to this section, entitled to an increase in the amount of the annual pension that is payable to him, being an increase equal to the product of the prescribed amount applicable in relation to him and a number equal to the number of units of pension included in his additional unit entitlement. (2.) Where the pension payable to a prescribed pensioner was increased in pursuance of section eleven of the Superannuation Act 1957 or section four of the Superannuation (Pension Increases) Act 1961, the pensioner is not entitled to an increase under the last preceding sub-section in the amount of the annual pension that is payable to him except to the extent that the amount of the increase in the annual pension to which, but for this sub-section, he would be entitled exceeds the sum of the amount by which the amount of annual pension payable to him was increased in pursuance of section eleven of the Superannuation Act 1957 and the amount by which the amount of annual pension payable to him was increased in pursuance of section four of the Superannuation (Pension Increases) Act 1961. (3.) Where a person would, but for section sixty-five of the Superannuation Act 1922–1963, be a prescribed pensioner for the purposes of this Part, the rate of pension on which that person was retired shall, for the purposes of that section, be deemed to be the rate at which pension would have been payable to him after the commencing date if he had been a prescribed pensioner. (4.) Where, immediately before the commencing date, a pension was payable to a person by virtue of that person being the widow of— (a) a pensioner who, if he had not died and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under sub-section (1.) of this section; or (b) a person who died before retirement but who, if he had retired on the day on which he died and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under that sub-section, the widow is, subject to this section, entitled to an increase in her pension, being an increase equal to— (c) in the case of a widow whose husband elected that section twenty-six of the Superannuation Act 1922–1959 should not apply to him—one-half of the increase in pension to which her husband would have been entitled under sub-section (1.) of this section; or (d) in any other case—five-eighths of the increase in pension to which her husband would have been entitled under sub-section (1.) of this section. (5.) Where, immediately before the commencing date, sub-section (1.) or sub-section (3.) of section sixty-six of the Superannuation Act 1922–1959 applied to a pension payable to a person, the pension payable to that person at that time shall, for the purposes of this Part, be deemed to be the pension that would have been payable to that person if that sub-section had not applied to the pension, but any increase in a pension to which a person is entitled under this section is subject to the operation of section sixty-six of the Superannuation Act 1922–1963 and, for the purposes of that section in its application to that pension, the increased pension shall be deemed to be payable under that Act. (6.) The increases in pensions provided for by this section do not apply to or in relation to— (a) a pension in respect of a child; (b) a pension that became payable under section fifty-seven of the Superannuation Act 1922 or of that Act as amended, not being a pension for which contributions were made to a State Fund as defined in section one hundred and one of the Superannuation Act 1922–1963; or (c) a pension that became payable under section fifty-three or section fifty-eight of the Superannuation Act 1922 or of that Act as amended. Pensions payable to persons whose names are specified in the Schedule to this Act. 27.—(1.) A person whose name is specified in the first column of the Schedule to this Act shall be paid, in lieu of the pension payable to that person by virtue of section five of the Superannuation (Pension Increases) Act 1961, a pension at the rate specified in the second column of that Schedule opposite to the name of that person. (2.) Where a male person whose name is specified in the first column of the Schedule to this Act dies and is survived by a widow (being a woman who was his wife at the date of his retirement), the provisions of section forty-seven of the Superannuation Act 1922–1963 apply. (3.) Payment of a pension to a female person whose name is specified in the first column of the Schedule to this Act is subject to the same conditions as apply in the case of a pension payable to the widow of a pensioner under the Superannuation Act 1922–1963. (4.) The provisions of section sixty-six of the Superannuation Act 1922–1963 apply in relation to pensions payable under this section. (5.) Section five of the Superannuation (Pension Increases) Act 1961 and the Schedule to that Act are repealed. Payment of pension increases. 28.—(1.) The reference in sub-section (1.) of section ten of the Superannuation Act 1922–1963 to benefits under that Act shall be read as including a reference to increases in pensions payable by virtue of section twenty-six of this Act and a reference to pensions payable by virtue of section twenty-seven of this Act. (2.) The Commonwealth shall pay to the Superannuation Fund amounts equal to the amounts by which payments of pensions (including pensions that become payable to widows of prescribed pensioners who die on or after the commencing date) are increased by virtue of section twenty-six of this Act, and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly. (3.) The reference in sub-section (1.) of section one hundred and forty-five of the Superannuation Act 1922–1963 to the amount paid by the Commonwealth to the Superannuation Fund under that Act in respect of a person shall be read as including a reference to an amount paid by the Commonwealth to the Superannuation Fund under the last preceding sub-section in respect of that person. (4.) The Commonwealth shall pay to the Superannuation Fund— (a) in respect of each payment of pension made from that Fund to a person whose name is specified in the first column of the Schedule to this Act—an amount at the rate specified in the third column of that Schedule opposite to the name of that person; and (b) in respect of each payment of pension made from that Fund to the widow of a male person whose name is so specified—an amount at a rate equal to five-eighths of the rate specified in the third column of that Schedule opposite to the name of that person, and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly. Application. 29.—(1.) Increases in pensions payable by virtue of section twenty-six of this Act have effect from and including the first fortnightly payment of pensions made after the commencing date. (2.) Pensions payable by virtue of section twenty-seven of this Act are payable from and including the first fortnightly payment of pensions made after the commencing date. Part IV.—Miscellaneous. Interpretation. 30. Expressions used in this Part that are also used in the Superannuation Act 1922–1963 have in this Part, unless the contrary intention appears, the same respective meanings as they have in that Act. Date from which increased contributions payable. 31. Any increased contribution payable by a contributor who, upon the commencement of this section, is required by reason of the operation of sub-section (2.) of section twenty of the Principal Act as amended by this Act to contribute for one or more additional units of pension is payable as from the fourteenth day of November, One thousand nine hundred and sixty-three. Transitional provisions. 32.—(1.) Subject to this section, the number of units of pension for which a contributor would, upon the commencement of this section, be required to contribute, by virtue of section twenty of the Principal Act as amended by this Act but disregarding sub-section (5.) of that section, shall be reduced by the number of units of pension (if any) by which the number of units of pension ascertained in accordance with Part I. or Part II. of the First Schedule to the Principal Act, as the case may be, corresponding to the salary group in which his salary fell immediately before the commencement of this section exceeds the number of units of pension for which he was then a contributor. (2.) Where, upon the date of commencement of this section, a contributor who had, on or before that date, attained the age of forty years would, but for this sub-section, be required to contribute for one or more additional units of pension, he may within six months after that date, elect not to contribute for all or any of those additional units of pension. (3.) Where a contributor— (a) is entitled to elect under the last preceding sub-section but does not so elect; or (b) is a contributor whose salary immediately before the commencement of this section did not exceed Two thousand and fifteen pounds per annum, and the number of units of pension for which he is required to contribute is reduced under sub-section (1.) of this section, he may, within twelve months after the commencement of this section, elect to contribute for one or more additional units of pension not exceeding the number of units of pension by which the first-mentioned number of units of pension is so reduced. (4.) An election under the last preceding sub-section does not have effect unless, within six months after the date of the election, the contributor satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined by sub-section (2.) of section one hundred and forty-seven of the Superannuation Act 1922–1963) likely to render him incapable of performing his duties before attaining the maximum age for retirement. (5.) Any increased contribution payable by reason of an election under sub-section (3.) of this section is payable as from the date of the election, but where that date is not a pay-day, the increased contribution is payable as from the next following pay-day. (6.) Where a contributor who had attained the age of forty years before the date of commencement of this section is retired before the first day of January, One thousand nine hundred and sixty-nine, on the ground of invalidity or physical or mental incapacity to perform his duties, or dies before that last-mentioned date, the Commonwealth shall pay to the Fund the amount of any pension becoming payable in respect of any additional units of pension for which the contributor became liable to contribute upon the commencement of this section, but not including any units of pension for which he elected to contribute under sub-section (3.) of this section, less so much of the pension in respect of those additional units of pension as is equivalent to the contributions made by him in respect of those units, and the Consolidated Revenue Fund is appropriated accordingly. (7.) For the purposes of this section, where a contributor's salary is increased with effect from the commencement of this section, that salary shall be deemed to have been increased after the commencement of this section. (8.) Nothing in this section operates so as to prevent an alteration in the number of units of pension for which, under the Principal Act as amended by this Act, a contributor is required or permitted to contribute, being an alteration that commences to have effect at a time after the commencement of this section. Deferment of contributions. 33.—(1.) In this section— (a) a reference to contributions payable by a person to the Fund immediately before the date of commencement of this section shall be read as including a reference to— (i) contributions for or in respect of reserve units of pension; and (ii) contributions the payment of which was deferred in pursuance of section seventy-three of the Superannuation Act 1959; (b) a reference to contributions payable by a person to the Fund as at any time on or after the date of commencement of this section shall be read as not including a reference to— (i) contributions for reserve units of pension; (ii) so much (if any) of his contributions under section twenty-six of the Principal Act as amended by this Act as is in respect of reserve units of pension; (iii) contributions for units of pension for which he elected to contribute under sub-section (3.) of the last preceding section; (iv) contributions for units of pension for which he is required or permitted to contribute as the result of an increase in his salary after the commencement of this section; and (v) contributions the payment of which was deferred in pursuance of section seventy-three of the Superannuation Act 1959; and (c) a reference to the fortnightly additional contributions payable by a person to the Fund as at any time on or after the date of commencement of this section shall be read as a reference to the amount, if any, by which the fortnightly amount of the contributions payable by him to the Fund at that time exceeds the fortnightly amount of the contributions payable by him to the Fund immediately before that date. (2.) For the purposes of this section, the annual salary of a contributor shall be ascertained as provided by sub-section (2.) of section thirty-six of the Principal Act as amended by this Act. (3.) Where— (a) a person who was a contributor on the date of commencement of this section— (i) was, on that date, not less than fifty-seven years of age; or (ii) in the case of a contributor for or in respect of units of pension (including units of pension the obligation to contribute for which arose on that date) all of which are based on a retiring age of sixty years—was, on that date, not less than fifty-two years of age; and (b) the fortnightly amount of the contributions payable by him to the Fund exceeds the fortnightly amount of the contributions payable by him to the Fund immediately before that date and also exceeds one-two hundred and sixtieth of his annual salary immediately before that date, he may, subject to this section, by notice in writing given to the Board on, or within six months after, that date, inform the Board that he wishes to defer payment of his fortnightly additional contributions or such part of those contributions as is specified in the notice. (4.) Where a contributor gives a notice under the last preceding sub-section— (a) payment of his fortnightly additional contributions or of the part of those contributions specified in the notice, as the case may be, (in this sub-section referred to as "the deferred contributions") shall be deferred; (b) compound interest at such rate as the Board determines is payable to the Fund upon the deferred contributions; (c) the amount of the deferred contributions and interest upon the deferred contributions, or of so much of the deferred contributions and of that interest as has not previously been paid, shall be paid to the Fund not later than one month after the contributor ceases to be an employee or within such further period as the Board allows; and (d) if that amount is not so paid, the rate of any pension payable to or in respect of the contributor (not being a pension payable in respect of a child) shall be reduced to such extent as is determined by the Board, having regard to the amount not paid, or, in the event of the death, resignation, dismissal or discharge of the contributor in such circumstances that no pension (not being a pension payable in respect of a child) becomes payable to or in respect of the contributor, that amount— (i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and (ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction. (5.) The amount of the fortnightly payment by a contributor of contributions to the Fund shall not, by virtue of this section, be reduced to an amount less than one-two hundred and sixtieth part of his annual salary immediately before the date of commencement of this section or to an amount less than the fortnightly amount of the contributions payable by him to the Fund immediately before that date, whichever is the greater. (6.) This section has effect notwithstanding anything contained in the Principal Act as amended by this Act. THE SCHEDULE. Sections 27 and 28. —— First Column. Second Column. Third Column. Name of Pensioner. Rate of Pension per Annum. Amount Payable per Annum by the Commonwealth to the Fund. £ s. d. £ s. d. Adams, Gerald Robert Lloyd.................... 1,104 15 0 1,005 9 8 Boyle, Henry Noel........................... 1,264 8 2 1,114 13 2 Durant, Herbert Frederic Henry................... 1,060 13 5 968 4 5 Heward, Frank Lowe......................... 953 4 9 859 15 2 Hilless, William Henry........................ 980 8 5 885 3 5 Hoare, Harold Murphy........................ 792 18 5 698 10 11 Hurst, Rupert John Rostron..................... 975 0 0 880 12 6 Huxtable, Cyril William....................... 1,349 16 3 1,178 1 3 Meredith, Gwynydd Purves Wynne Aubrey........... 1,182 7 5 1,054 8 11 Morris, Basil Moorhouse....................... 1,457 16 1 1,302 12 4 Russell, John Henry.......................... 1,325 2 10 1,188 0 7 Stoyles, Arthur Martin........................ 1,158 3 6 1,048 2 3 Tinsley, Walter Noel.......................... 1,005 17 4 892 12 4 Urquhart, Walter James........................ 1,150 4 7 1,022 19 11 White, Aubrey Philip Oscar..................... 1,131 3 11 1,027 13 11 Ellison, Dorothy Edith (widow of Edward Burnett Ellison). 514 11 9 465 2 9 Hoad, Sheila Mairi (widow of Oswald Vick Hoad)...... 962 16 3 881 11 2 Moore, Elsye Maude (widow of Paterson Lisle Moore) 538 18 4 477 5 11 Plant, Oona Hunter (widow of Eric Clive Pegus Plant) 984 12 8 909 3 8 Wells, Elsie Caroline (widow of Frank Elwyn Wells).... 588 11 8 534 16 8