Commonwealth: Superannuation (Pension Increases) Act 1971 (Cth)

Superannuation (Pension Increases) Act 1971 No. 73, 1971 as amended Compilation start date: 1 July 2014 Includes amendments up to: Act No 62, 2014 About this compilation This compilation This is a compilation of the Superannuation (Pension Increases) Act 1971 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date. This compilation was prepared on 1 August 2014. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. Uncommenced amendments The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes. Provisions ceasing to have effect If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Interpretation 4 Increases in certain pensions 5 Application of increases to certain pensioners 6 Application of increases to pensioners in receipt of deferred pensions 7 Adjustment in relation to previous increase 8 Increases in certain spouses' pensions 9 Certain pensions not to be increased 10 Pensions payable to persons whose names are specified in the Schedule to this Act 11 Payment of pension increases and of pensions 12 Correction of errors in determinations 13 Applications The Schedule Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous An Act to provide for Increases in certain Superannuation Pensions 1 Short title This Act may be cited as the Superannuation (Pension Increases) Act 1971. 2 Commencement This Act shall come into operation on the day on which it receives the Royal Assent. 3 Interpretation (1) In this Act, unless the contrary intention appears: actual unit contribution, in relation to an eligible 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 an eligible pensioner (not being a non‑contributing 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 relevant time, was applicable in relation to him under the scale set out in subsection (1) of section 13 of the Superannuation Act 1922 or of that Act as amended and in force at that time; or (ii) his actual unit contribution; whichever is the greater; (b) in relation to an eligible pensioner (not being a non‑contributing pensioner) who retired on or after the fourteenth day of December, One thousand nine hundred and fifty‑nine, but before the first day of November, One thousand nine hundred and sixty‑three, means: (i) the number of units of pension that, at the relevant time, was applicable in relation to him under subsection (2) or subsection (3), as the case may be, of section 20 of the Superannuation Act 1922‑1959; or (ii) his actual unit contribution; whichever is the greater; (c) in relation to an eligible pensioner (not being a non‑contributing pensioner) who retired on or after the first day of November, One thousand nine hundred and sixty‑three, means: (i) the number of units of pension that, at the relevant time, was applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1963 or of that Act as amended and in force at that time; or (ii) his actual unit contribution; whichever is the greater; and (d) in relation to an eligible pensioner (being a non‑contributing pensioner), means: (i) the number of units of pension that was, under the scale set out in subsection (1) of section 13 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 an eligible pensioner, means the number of units of pension, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement. adjusted unit entitlement, in relation to an eligible pensioner, means the number of units of pension that would have been applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1971 at the thirtieth day of June, One thousand nine hundred and seventy‑one, if he had not retired and had been in receipt of an annual salary equal to his notional annual salary. deferred pension means a pension payable by virtue of Division 3 of Part XA of the Superannuation Act 1922‑1971. eligible 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 thirtieth day of June, One thousand nine hundred and seventy‑one; or (b) a non‑contributing pensioner. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. non‑contributing pensioner means a person to whom, immediately before the commencing date, a pension was payable (otherwise than as a widow) by virtue of section 9 or section 14 of the Superannuation Act (No. 2) 1956. notional annual salary, in relation to an eligible pensioner, means such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that have occurred, determines to be the salary that, as at the thirtieth day of June, One thousand nine hundred and seventy‑one: (a) in the case of a pensioner who is not a non‑contributing pensioner, corresponded with the annual salary that was payable to him: (i) if he retired before the twelfth day of June, One thousand nine hundred and forty‑seven—at the time immediately before he ceased to pay contributions or immediately before he attained the maximum age for retirement, whichever first occurred; or (ii) if he retired on or after that date—at the time immediately before his retirement; or (b) in the case of a pensioner who is a non‑contributing pensioner, corresponded with: (i) the annual salary that was payable to him at the time immediately before his retirement; 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. retirement includes retrenchment, and retired has a corresponding meaning. the commencing date means the date of commencement of this Act. the relevant time: (a) in relation to an eligible pensioner who retired before the twelfth day of June, One thousand nine hundred and forty‑seven, not being a non‑contributing 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 eligible pensioner—means the time immediately before his retirement or immediately before he attained the age of sixty‑five years, whichever first occurred. (2) Subject to the last preceding subsection, expressions used in this Act that are also used in the Superannuation Act 1922‑1971 have in this Act, unless the contrary intention appears, the same respective meanings as they have in the Superannuation Act 1922‑1971. (3) For the purposes of this Act, the annual salary that was payable at any material time to an eligible 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 paragraph (b) of subsection (1) of section 36 of the Superannuation Act 1922‑1971. (4) For the purposes of this Act, an eligible pensioner who is in receipt of a deferred pension shall be deemed to have retired on the day immediately preceding the day on which the deferred pension became payable and to have been in receipt on that day of such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that occurred, determines to be the salary that, as at that day, corresponded with the annual salary that was payable to him immediately before he ceased to be an employee. 4 Increases in certain pensions Where the adjusted unit entitlement of an eligible pensioner exceeds his actual unit entitlement, the pensioner is, subject to this Act, entitled to an increase in the amount of the annual pension that is payable to him, being an increase equal to Sixty‑five dollars multiplied by a number equal to the number of units of pension included in his additional unit entitlement. 5 Application of increases to certain pensioners (1) This section applies to: (a) an eligible pensioner whose actual unit contribution is less than his actual unit entitlement other than a pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended, or section 110, 119J or 119K of the Superannuation Act 1922‑1971, applied; (b) an eligible pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended, or section 110, 119J or 119K of the Superannuation Act 1922‑1971, 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; (c) an eligible pensioner whose pension became payable under the proviso to section 29, or under section 39, of the Superannuation Act 1922 or of that Act as amended, or under section 60M, or paragraph (a) of subsection (2) of section 60O, of the Superannuation Act 1922‑1924 or of that Act as amended; (d) an eligible pensioner in relation to whom one or more units of pension are applicable as non‑contributory units of pension; or (e) an eligible pensioner who entered into an agreement with the Board under section 73 of the Superannuation Act 1959 or gave a notice to the Board under section 33 of the Superannuation Act 1963 and whose pension was reduced by reason of his not having paid an amount of, or of interest upon, contributions the payment of which was deferred; but does not apply to an eligible pensioner who is in receipt of a deferred pension. (2) Where an eligible pensioner to whom this section applies is entitled under the preceding provisions of this Act to an increase in the amount of the annual pension that is payable to him, he is, subject to this Act, in lieu of the increase to which, but for this section, he would have been entitled in accordance with those provisions, entitled to an increase that bears to the increase to which he would have been so entitled the same proportion as the amount of the annual pension that was payable to him immediately before the commencing date bears to the amount of the annual pension that would have been payable to him immediately before that date if he were not an eligible pensioner to whom this section applies. (3) In calculating for the purposes of the last preceding subsection the amount of the annual pension that was payable to an eligible pensioner immediately before the commencing date or the amount of the annual pension that would have been payable to an eligible pensioner immediately before that date if he were not an eligible pensioner to whom this section applies, the operation of section 44 of the Superannuation Act 1922‑1971 shall be disregarded. 6 Application of increases to pensioners in receipt of deferred pensions (1) Where an eligible pensioner who is in receipt of a deferred pension is entitled under the preceding provisions of this Act to an increase in the amount of the annual pension that is payable to him, he is, subject to this Act, in lieu of the increase to which, but for this section, he would have been entitled in accordance with those provisions, entitled to an increase that bears to the increase to which he would have been so entitled the same proportion as the amount of the annual pension that was payable to him immediately before the commencing date bears to the amount ascertained by multiplying Ninety‑one dollars by the number of units of pension that, at the time immediately before he ceased to be a contributor, was applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1969, or of that Act as amended, as in force at that time. (2) In the case of an eligible pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended, or section 110, 119J or 119K of the Superannuation Act 1922‑1971, applied, the reference in the last preceding subsection to the number of units of pension that, at the time immediately before he ceased to be a contributor, was applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1969, or of that Act as amended, as in force at that time shall be read as a reference to the number by which that number exceeds: (a) in the case of a pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended applied—the number of units of pension determined in relation to him for the purposes of paragraph (b) of subsection (1) of that section; (b) in the case of a pensioner in relation to whom section 110 of the Superannuation Act 1922‑1971 applied—the number of units of pension determined in relation to him under subsection (2) of that section; (c) in the case of a pensioner in relation to whom section 119J of the Superannuation Act 1922‑1971 applied—the sum of the numbers of units of pension determined in relation to him under subparagraphs (ii) to (v), inclusive, of paragraph (c) of subsection (3) of that section; and (d) in the case of a pensioner in relation to whom section 119K of the Superannuation Act 1922‑1971 applied—the sum of the numbers of units of pension determined in relation to him under paragraphs (a) to (d), inclusive, of subsection (2) of that section. 7 Adjustment in relation to previous increase Where an eligible pensioner was granted an increase in the annual amount of his pension in pursuance of section 11 of the Superannuation Act 1957, section 4 of the Superannuation (Pension Increases) Act 1961, section 26 of the Superannuation Act 1963 or section 4 of the Superannuation (Pension Increases) Act 1967, any increase in the annual amount of his pension to which he is entitled under the preceding provisions of this Act shall be reduced by the amount of the first‑mentioned increase. 8 Increases in certain spouses' pensions (1) Where, immediately before the commencing date, a pension was payable to a person by virtue of that person being the widow or widower of: (a) a pensioner who, if he or she 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 the preceding provisions of this Act; or (b) a person who died before retirement but, if he or she had retired on the day of his or her death and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under the preceding provisions of this Act; the widow or widower is, subject to this Act, entitled to an increase in her or his pension, being an increase equal to: (c) in the case of a widow whose husband elected that section 26 of the Superannuation Act 1922‑1959 should not apply to him and did not revoke that election—one‑half of the increase in pension to which her husband would have been entitled under the preceding provisions of this Act; or (d) in any other case—five‑eighths of the increase in pension to which the husband of the widow or the wife of the widower would have been entitled under the preceding provisions of this Act. (2) In calculating for the purposes of subsection (5) of section 46 of the Superannuation Act 1922‑1971 the amount of the annual rate of the pension that, but for the death of a widow or widower, would, by virtue of subsection (1) of that section, have been payable to the widow or widower or have been so payable but for subsection (2) of that section, any amount by which that amount would have been increased by virtue of the operation of the last preceding subsection shall be taken into account. (3) In calculating for the purposes of subsection (5) of section 47 of the Superannuation Act 1922‑1971 the amount of the annual rate of pension that, but for the death of a widow or widower, would, by virtue of subsection (1) of that section, have been payable to the widow or widower or have been so payable but for subsection (2) of that section, any amount by which that amount would have been increased by virtue of the operation of subsection (1) of this section shall be taken into account. (4) In calculating for the purposes of subsection (2) of section 48 of the Superannuation Act 1922‑1971 the amount of the annual rate of the pension that, but for the death or divorce of the wife or husband of a contributor or pensioner would, by virtue of subsection (1) of section 46, or subsection (1) of section 47, of that Act have been payable to the wife or husband or would have been so payable but for subsection (2) of section 46, or subsection (2) of section 47, of that Act, any amount by which that amount would have been increased by virtue of the operation of subsection (1) of this section shall be taken into account. 9 Certain pensions not to be increased The increases in pensions provided for by the preceding provisions of this Act do not apply to or in relation to: (a) a pension that became payable under section 57 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 by section 101 of the Superannuation Act 1922‑1971; or (b) a pension that became payable under section 53 or section 58 of the Superannuation Act 1922 or of that Act as amended. 10 Pensions payable to persons whose names are specified in the Schedule to this Act (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 5 of the Superannuation (Pension Increases) Act 1967, 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 47 of the Superannuation Act 1922‑1971 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 1922‑1971. (4) Section 5 of the Superannuation (Pension Increases) Act 1967 and the Schedule to that Act are repealed. 11 Payment of pension increases and of pensions The reference in subsection (1) of section 10 of the Superannuation Act 1922‑1971 to benefits under that Act shall be read as including a reference to increases in pensions payable by virtue of this Act and a reference to pensions payable by virtue of section 10 of this Act. 12 Correction of errors in determinations Where the Finance Minister is satisfied that an error or mistake has occurred in, or in connexion with, a determination made under this Act, he may vary the determination for the purpose of correcting the error or mistake and, where a determination is varied, the determination has effect as so varied on and after the date on which the variation is made and, if the Finance Minister so directs, shall be deemed to have had such effect at all times. 13 Applications (1) Increases in pensions payable by virtue 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 10 of this Act are payable from and including the first fortnightly payment of pensions made after the commencing date. The Schedule Section 10 First Column Second Column Third Column Amount payable per Annum by the Commonwealth to the Fund Name of Pensioner Rate of Pension per Annum $ $ Adams, Gerald Robert Lloyd.............. 4,347.44 4,148.91 Boyle, Henry Noel..................... 4,888.91 4,589.41 Durant, Herbert Frederic Henry............. 4,173.96 3,989.06 Heward, Frank Lowe................... 3,863.50 3,676.54 Hoare, Harold Murphy.................. 3,213.31 3,024.56 Hurst, Rupert John Rostron............... 3,950.96 3,762.21 Huxtable, Cyril William................. 5,219.42 4,875.92 Meredith, Gwynydd Purves Wynne Aubrey..... 4,659.57 4,403.72 Morris, Basil Moorhouse................. 5,744.90 5,434.52 Russell, John Henry.................... 5,214.79 4,940.56 Stoyles, Arthur Martin................... 4,558.37 4,338.24 Urquhart, Walter James.................. 4,527.12 4,272.65 Hilless, Miriam Marie Louise (widow of William Henry Hilless)............... 2,483.53 2,388.28 Hoad, Sheila Mairi (widow of Oswald Vick Hoad)................. 3,794.38 3,631.87 Moore, Elsye Maude (widow of Paterson Lisle Moore) ............... 2,149.92 2,026.68 Wells, Elsie Caroline (widow of Frank Elwyn Wells) ................. 2,316.09 2,208.59 White, Edith Violet (widow of Aubrey Philip Oscar White)............ 2,782.19 2,678.69 Endnotes Endnote 1—About the endnotes The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments Endnote 6—Modifications Endnote 7—Misdescribed amendments Endnote 8—Miscellaneous If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading. Abbreviation key—Endnote 2 The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law. Uncommenced amendments—Endnote 5 The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5. Modifications—Endnote 6 If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6. Misdescribed amendments—Endnote 7 An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7. Miscellaneous—Endnote 8 Endnote 8 includes any additional information that may be helpful for a reader of the compilation. Endnote 2—Abbreviation key ad = added or inserted pres = present am = amended prev = previous c = clause(s) (prev) = previously Ch = Chapter(s) Pt = Part(s) def = definition(s) r = regulation(s)/rule(s) Dict = Dictionary Reg = Regulation/Regulations disallowed = disallowed by Parliament reloc = relocated Div = Division(s) renum = renumbered exp = expired or ceased to have effect rep = repealed hdg = heading(s) rs = repealed and substituted LI = Legislative Instrument s = section(s) LIA = Legislative Instruments Act 2003 Sch = Schedule(s) mod = modified/modification Sdiv = Subdivision(s) No = Number(s) SLI = Select Legislative Instrument o = order(s) SR = Statutory Rules Ord = Ordinance Sub-Ch = Sub-Chapter(s) orig = original SubPt = Subpart(s) par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Superannuation (Pension Increases) Act 1971 73, 1971 1 Oct 1971 1 Oct 1971 Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 s 8 Statute Law Revision Act 2011 5, 2011 22 Mar 2011 Sch 5 (items 205, 206): 19 Apr 2011 — Statute Stocktake Act (No. 1) 2011 100, 2011 15 Sept 2011 Sch 1 (items 10, 13, 14): 16 Sept 2011 — Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 12 (item 170) and Sch 14 (items 1–4): 1 July 2014 (s 2(1) item 6, 14) Sch 14 (items 1–4) Endnote 4—Amendment history Provision affected How affected s. 3..................... am. No. 5, 2011; No 62, 2014 s. 11.................... am. No. 100, 2011 s. 12.................... am. No. 36, 1978; No. 5, 2011 The Schedule Note to Schedule am. No. 100, 2011 heading Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous The operation of the Superannuation (Pension Increases) Act 1971 is affected by section 6 of the Defence Forces Retirement Benefits (Pension Increases) Act 1971.