New South Wales: Transport Employees Retirement Benefits Act 1967 (NSW)

Transport Employees Retirement Benefits Act 1967 No 96 An Act to make provision for a scheme providing retirement and other benefits for certain persons employed in the Departments of Railways, Government Transport and Motor Transport and the Police Department and certain other employees; to establish a Transport Retirement Fund; to constitute a Transport Retirement Board and to define its powers, authorities, duties and functions; to repeal the Railways Retirement Fund Act 1964; to amend the Government Railways Act 1912, the Transport Act 1930, the Superannuation Act 1916 and certain other Acts; and for purposes connected therewith. Part 1 Preliminary 1 Name of Act and commencement (1) This Act may be cited as the Transport Employees Retirement Benefits Act 1967. (2) (a) This Act, Parts 4 and 5 excepted, shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette, which day is in this Act referred to as "the commencement of this Act". (b) Part 4 shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette, which day shall be earlier than the day referred to in paragraph (a). (c) Part 5 shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette, which day shall be not earlier than the day referred to in paragraph (a). 2 (Repealed) 3 Definitions (1) In this Act, unless the context or subject-matter otherwise indicates or requires— Account means the Government Railways Superannuation Account under the Government Railways Act 1912. annual wages means, in relation to a person, the amount determined by the Board as the wages or salary payable in a year to that person, having regard to his ordinary remuneration, excluding amounts payable in respect of overtime. benefit wage factor, in relation to a person, means a number that is a multiple of one-half that has been nominated by that person as his benefit wage factor for the purposes of this Act. Board means the SAS Trustee Corporation continued by the Superannuation Administration Act 1996. contributor means a person who is contributing to the Fund, and a person eligible for a benefit under this Act calculated by reference only to his initial credit. contributor to the Account means a person who was contributing to the Account immediately before he becomes a contributor. contributor to the Railways Retirement Fund means a person who was a contributor under the Railways Retirement Fund Act 1964 immediately before he becomes a contributor. employee means— (a) a person who is employed by an employer, who is, by the terms of his employment, required not to engage in any employment outside the duties of his office and the date of confirmation of whose appointment is on or after the commencement of this Act, or (b) a person employed in the Police Department with the authority of the Premier, the date of confirmation of whose appointment is on or after the commencement of this Act, but does not include— (c) any person engaged in casual employment, as defined in any award relating to his employment, or any person appointed or employed pursuant to section 101 of the Transport Act 1930, (d) any person employed by the Commissioner for Railways temporarily as a workman on construction, deviation or duplication works, in the trading and catering services or in connection with any sawmill, other than a sawmill associated with a workshop, (e) any person who is employed in the Police Department and is a police cadet or a person employed under the Police Regulation Act 1899 or the Public Service Act 1902, (f) any person engaged as a contractor or on a contract basis, not being a person employed under a contract of employment, or (g) a person eligible to make an election under section 10 of the New South Wales Retirement Benefits Act 1972, or a person who, pursuant to section 11 of that Act, becomes a contributor within the meaning of that Act, or a person who ceases, pursuant to section 12 (8) of that Act, to contribute to the Transport Retirement Fund, or a person eligible to make an election under section 11 of the Public Authorities Superannuation Act 1985 or section 19 of the State Authorities Superannuation Act 1987. employer means an employer whose name is specified in Schedule 1 or whose name is added to that Schedule under section 59. financial year means— (a) except as provided by paragraph (b)—the year ended on 31 March, or (b) the period prescribed for the purposes of this definition. Fund means the State Authorities Superannuation Fund established under the State Authorities Superannuation Act 1987. gratuity scheme officer means a person referred to in paragraph (b) of subsection (1) of section 12 who elects to become a contributor. initial credit means— (a) in relation to a contributor to the Account who under section 12 elects to become a contributor, an amount equal to the sum of— (i) his contributions to the Account before he ceased to contribute thereto pursuant to subsection (4) of section 12, reduced, where any amounts have been paid to that contributor from the Account pursuant to Part 9 of the Government Railways Act 1912, by such amount as the Board may determine, and (ii) an allowance on those contributions, as so reduced, calculated in accordance with Schedule 3, (b) in relation to a contributor to the Railways Retirement Fund, an amount equal to the sum of— (i) his initial credit, if any, under the Railways Retirement Fund Act 1964, immediately before he becomes a contributor, (ii) the contributions paid, and any contributions due but unpaid, by him to the Railways Retirement Fund before he becomes a contributor, reduced by the sum of— (a) the difference between the amount of those contributions and the amount of contributions that would have been paid or been due and payable by him to the Railways Retirement Fund had all contributions been made or been due and payable in accordance with Scale 2 of Schedule 1 to the Railways Retirement Fund Act 1964, and (b) where any amounts have been paid to him from the Railways Retirement Fund, such amount as the Board may determine, and (iii) interest calculated at the rate of three and three-quarters per centum per annum, compounded annually at the end of each financial year, on his initial credit, if any, referred to in subparagraph (i) for the period that he was a contributor to the Railways Retirement Fund and on the contributions referred to in subparagraph (ii) calculated as the Board determines, having regard to the dates of payment and refund of the contributions to the date immediately prior to his becoming a contributor, (c) in relation to a gratuity scheme officer or a Police Department appointee, the amount paid by him or on his behalf as referred to in subsection (2) of section 18. initial credit benefit means, in relation to a person who under section 11 or 12 becomes a contributor, the benefit for which he would, upon attaining the age of sixty-five years and completing at least ten years' service, become eligible by virtue of paragraph (b) of subsection (1) of section 23. maximum benefit, in relation to a person, the upper level of whose wage group— (a) is less than four thousand dollars, means an amount equivalent to five times the upper level of his wage group, (b) is four thousand dollars or more than four thousand dollars but less than eight thousand dollars, means an amount equivalent to twenty thousand dollars plus four times the difference between the upper level of his wage group and four thousand dollars, (c) is eight thousand dollars or more than eight thousand dollars but less than twelve thousand dollars, means an amount equivalent to thirty-six thousand dollars plus three times the difference between the upper level of his wage group and eight thousand dollars, or (d) is twelve thousand dollars or more, means an amount equivalent to forty-eight thousand dollars plus twice the difference between the upper level of his wage group and twelve thousand dollars, less so much of his initial credit benefit, if any, as is a multiple of one hundred dollars. ordinary minimum benefit, in relation to a person, means twice the lower level of his wage group, less so much of his initial credit benefit, if any, as is a multiple of one hundred dollars. Police Department appointee means a person employed in the Police Department with the authority of the Premier, not being a police cadet or a person employed under the Police Regulation Act 1899, or the Public Service Act 1902, where the date of confirmation of his appointment is before the commencement of this Act. prescribed means prescribed by this Act or the regulations. Railways Retirement Fund means the Railways Retirement Fund under the Railways Retirement Fund Act 1964. regulations means regulations made under this Act. retrenchment means compulsory termination by an employer of the services of a contributor on the ground that the contributor's office has been abolished, no other office in the service of his employer or another employer having been found for him at annual wages of not less than five-sixths of the annual wages applicable to him at the date of the compulsory termination, and retrenched has a corresponding meaning. service means service under or employment by one or more employers, whether before or after the commencement of this Act. (2) For the purposes of this Act, a person who is an employee by reason of paragraph (b) of the definition of employee in subsection (1), or who is a Police Department appointee, shall be deemed to be employed by the Commissioner of Police. (3) The person by whom a contributor to the Account, a contributor to the Railways Retirement Fund or a contributor to the Fund is for the time being employed and whose name is not specified in Schedule 1 shall, for the purposes of this Act, be deemed to be the employer of that contributor. (4) A reference in this Act to an allowance on any contributions to the Account paid by a contributor to the Account is a reference to such percentage of those contributions as is specified in Schedule 3 under the heading "Allowance as a percentage of contributions to the Account" and is opposite the number of complete years, for which the contributor contributed to the Account, specified in that Schedule under the heading "Number of complete years of contributing to the Account". (5) A reference in this Act— (a) to a wage group of a person is a reference to the range— (i) that commences at one amount of annual wages and extends to and includes a higher amount of annual wages, the higher amount being two hundred dollars more than the lower and the lower being a multiple of two hundred dollars, and (ii) that includes the amount of the annual wages of that person, (b) to the upper level of the wage group of a person is a reference to the higher amount, referred to in subparagraph (i) of paragraph (a), of that person's wage group, and (c) to the lower level of the wage group of a person is a reference to the lower amount, referred to in subparagraph (i) of paragraph (a), of that person's wage group, but where the annual wages of a person are a multiple of two hundred dollars, the wage group of that person is the range, the lower level of which is his annual wages and the higher level of which is the sum of his annual wages and two hundred dollars. (6) For the purposes of this Act an employee's appointment shall be deemed to have been confirmed— (a) in the case of an employee whose employment by an employer commenced before or on, or within one month after, the commencement of the Transport Employees Retirement Benefits (Amendment) Act 1971, on the day determined under the provisions of this Act as in force immediately prior to that commencement, (b) in the case of an employee of the Commissioner for Railways, the Commissioner for Government Transport, the Commissioner for Motor Transport, the Commissioner of Police or the Public Authorities Superannuation Board, whose employment commenced on or after one month from the commencement of the Transport Employees Retirement Benefits (Amendment) Act 1971, on the day following the expiration of a period of twelve months after the day on which his employment by the Commissioner for Railways, the Commissioner for Government Transport, the Commissioner for Motor Transport, the Commissioner of Police, the New South Wales Retirement Board or the Public Authorities Superannuation Board, as the case may be, commenced, and (c) in the case of an employee of an employer whose name is added to Schedule 1 under section 59— (i) being an employee whose employment by that employer commenced within twelve months before the date, or commenced after the date, on which that employer's name was so added to that Schedule—on the day following the expiration of a period of twelve months after the day on which his employment by that employer commenced, or (ii) being an employee whose employment by that employer commenced more than twelve months before the date on which that employer's name was so added to that Schedule—on the day on which that employer's name was added to that Schedule. (7) Where, after an employee's appointment as an employee of an employer was or has been confirmed, he ceased or ceases to be employed by that employer and subsequently became or becomes an employee in the employment of the same or another employer, he shall, for the purposes of this Act, be deemed not to be an employee unless and until his appointment to the employment last referred to in this subsection is deemed, under subsection (6), to have been confirmed on a day ascertained in accordance with that subsection. (8) A reference in this Act to the first day of a pay period applicable to a person next following a particular date or event includes a reference to a pay period applicable to that person, the first day of which is that particular date or the date of that particular event. (9) Where a person has nominated a benefit wage factor for the purposes of this Act, the amount of the lump sum benefit for which he shall contribute under this Act shall be an amount equivalent to the difference between— (a) the product of that benefit wage factor and the upper level of his wage group, and (b) so much of his initial credit benefit, if any, as is a multiple of one hundred dollars. (10) A reference in this Act to a refund of contributions made by any person is a reference to any contributions made by or on behalf of that person to the Account, the Railways Retirement Fund established under the Railways Retirement Fund Act 1964, or the Fund, reduced by the sum of— (a) any amounts paid from the Fund to that person, (b) any amount determined by the Board in respect of his initial credit under subparagraph (i) of paragraph (a), or subparagraph (ii) of paragraph (b), of the definition of initial credit in subsection (1), and (c) the difference between the contributions, if any, made by that person to that Railways Retirement Fund or the Fund and the contributions that would have been so made by him had those contributions been calculated wholly at the rates applicable to that portion of a benefit that is in excess of two thousand dollars, without any addition of interest. (11) In this Act, unless the context or subject-matter otherwise indicates or requires, a reference to an Act includes a reference to that Act as amended, whether by subsequent Acts or otherwise, and to any Act passed in substitution for that Act. Part 2 4–9 (Repealed) Part 3 Contributions and benefits 10 Employee contributors An employee shall, subject to this Act, contribute to the Fund, in accordance with this Act— (a) in the case of an employee the name of whose employer is at the commencement of this Act specified in Schedule 1—as on and from the first day of the pay period applicable to him next following the date of confirmation of his appointment, or (b) in the case of an employee the name of whose employer is added to Schedule 1 under section 59—as on and from such date as the Governor may specify in the notification published under that section or as on and from the first day of the pay period applicable to him next following the date of confirmation of his appointment, whichever is the later. 11 Contributors who formerly contributed to Railways Retirement Fund A person who was, immediately before the commencement of this Act, a contributor within the meaning of the Railways Retirement Fund Act 1964, shall, subject to this Act, become a contributor to the Fund in accordance with this Act as on and from the first day of the pay period applicable to him next following that commencement and the contributions that would, but for the repeal of the Railways Retirement Fund Act 1964, have been payable on that day to the Railways Retirement Fund shall be paid to the Fund. 12 Contributors who were formerly contributors to the Account, or are Transport Department officers or Police Department appointees (1) The following persons, that is to say— (a) a contributor to the Account, (b) an officer within the meaning of the Transport Act 1930 who at the commencement of this Act was not a contributor to any superannuation fund or account established under the Transport Act 1930, the Government Railways Act 1912, the Superannuation Act 1916, the Railways Retirement Fund Act 1964, and the date of confirmation of whose appointment was before that commencement, and (c) a Police Department appointee, may elect to become a contributor. (2) A contributor to the Account, a gratuity scheme officer of a Police Department appointee who made such an election before the commencement of the Transport Employees Retirement Benefits (Amendment) Act 1971, shall be deemed to have made the election on a prescribed date (which date shall be treated for the purposes of this Act as the date on or before which he was required to make an election), and to have become a contributor on a date determined as provided in subsection (3). (2A) In subsection (2) prescribed date means a date determined by the Board being— (a) in the case of a person referred to in paragraph (a) of subsection (1), either the thirty-first day of March, or the thirty-first day of August, one thousand nine hundred and sixty-nine, (b) in the case of a person referred to in paragraph (b) of subsection (1), either the fifteenth day of May, or the thirtieth day of September, one thousand nine hundred and sixty-nine, or (c) in the case of a person referred to in paragraph (c) of subsection (1), either the thirtieth day of August, one thousand nine hundred and sixty-eight, or the thirty-first day of August, one thousand nine hundred and sixty-nine. (3) A contributor to the Account, a gratuity scheme officer or a Police Department appointee who has made an election under this section shall, subject to this Act, become a contributor as on and from the first day of the pay period applicable to him next following the date on or before which he is required to make his election. (4) A contributor to the Account, upon becoming a contributor, shall cease to contribute to or, subject to this Act, to be entitled to receive any benefit from the Account. (5) A gratuity scheme officer, upon becoming a contributor, shall cease to be eligible for any benefit under section 132A of the Transport Act 1930. 12A Certain persons deemed to be contributors (1) In this section prescribed person means a person who elected under paragraph (b) of subsection (1) of section 24 of the Railways Retirement Fund Act 1964, not to become a contributor under that Act. (2) A prescribed person who made an election with the concurrence of the Board on or before the thirty-first day of August, one thousand nine hundred and sixty-nine, or on or before such later date as the Board allowed in any particular case, to become a contributor, shall be deemed as on and from the first day of the pay period applicable to him next following the thirty-first day of August, one thousand nine hundred and sixty-nine, to have become a contributor liable to contribute to the Fund for a lump sum benefit of an amount equal to his ordinary minimum benefit at the date on which he became a contributor. (3) Any election purporting to have been made by a prescribed person in accordance with the provisions of subsections (2) and (3) of section 13 and made with the concurrence of the Board on or before the date on which he is deemed under subsection (2) to have become a contributor, or on or before such later date as the Board allowed in any particular case, shall be deemed to be and to have been an election made in accordance with those provisions. 13 Amount of benefits (1) The amount of the lump sum benefit for which a person, upon becoming a contributor, shall, subject to this Act, contribute to the Fund shall be— (a) in the case of an employee, an amount equal to his ordinary minimum benefit at the date he becomes a contributor, (b) in the case of a contributor under section 11, such amount as is determined by the Board as being the actuarial equivalent appropriate to the rate of his contributions to the Railways Retirement Fund immediately before the commencement of this Act, (c) in the case of a contributor under subsection (3) of section 12, an amount equal to his ordinary minimum benefit at the date applicable to him under that subsection. (2) A contributor or a person eligible to become a contributor may elect, in accordance with this section, for an additional amount of lump sum benefit. (3) An election under subsection (2) shall be made by the contributor— (a) by his nominating the maximum benefit applicable to him, or (b) by his nominating a benefit wage factor the application of which would produce an amount of lump sum benefit that is less than the maximum benefit then applicable to him, and any such nomination shall have effect on and from the date on which he becomes a contributor. (4) An election to be made under subsection (2) shall be made— (a) by an employer on or before the date on which he becomes a contributor in accordance with section 10 or such later date as the Board in any particular case may allow, (b) by a contributor under section 11 on or before a date, being not later than six months after the commencement of this Act, to be appointed for the purposes of this paragraph by the Governor and notified by proclamation published in the Gazette or such later date as the Board in any particular case may allow, or (c) by a contributor to the Account, a gratuity scheme officer or a Police Department appointee on or before the date on or before which he is required to make an election under section 12. (5) The contributions attributable to the additional amount of lump sum benefit for which a person elects to contribute under this section shall be payable as on and from the first day of the pay period next following the date on or before which he is required to make the election. 13A Further election by certain contributors (1) If a person, being a contributor for a benefit at age sixty-five years of less than twice the upper level of his wage group, contributed, with the concurrence of the Board, after the prescribed date, in accordance with an election to do so made before that date, for a benefit at age sixty-five years of at least twice such upper level, or for the maximum benefit appropriate to his age level if that maximum benefit were less than twice such upper level, he shall, as on and from the prescribed date, be deemed to have become a contributor in accordance with that election and liable to contribute in respect of such additional amount of lump sum benefit from the first day of the pay period applicable to him next following the prescribed date. (2) In this section prescribed date means— (a) in relation to a contributor who was a gratuity scheme officer or who is an employee of the Commissioner for Government Transport or the Commissioner for Motor Transport, the thirtieth day of September, one thousand nine hundred and sixty-nine, or such later date as the Board in any particular case allowed, or (b) in relation to any other contributor, the thirty-first day of August, one thousand nine hundred and sixty-nine, or such later date as the Board in any particular case allowed. 14 Variation of benefits (1) In this section— contributor includes an employee who ceased to be a contributor on his attainment of the age of sixty-five years. review date means, in relation to a contributor, a date determined by the Board for the purpose of calculating the lump sum benefit applicable in relation to the annual wages of the contributor at that date. (2) Except as provided by this section and by sections 15 and 16, the lump sum benefit for which a contributor is contributing shall not be varied. (3) Subject to subsection (4), where the annual wages of a contributor are increased so that the amount thereof falls within a wage group that is higher than the wage group within which the amount thereof fell immediately before the increase he shall, not earlier than the review date that next follows the increase, contribute as provided by subsection (6)— (a) in the case of a contributor who is contributing for his ordinary minimum benefit—for the ordinary minimum benefit appropriate for his higher wage group, (b) in the case of a contributor who is contributing for his maximum benefit—for the maximum benefit appropriate for his higher wage group, or (c) in the case of a contributor who had nominated a benefit wage factor—for the lesser of— (i) the maximum benefit appropriate for his higher wage group, and (ii) a lump sum benefit calculated by applying to the upper level of the wage group in which his increased salary falls the benefit wage factor last nominated by him before that review date and by deducting from the resulting amount so much of his initial credit benefit, if any, as is a multiple of one hundred dollars. (4) Where a lump sum benefit becomes payable in respect of a contributor, subsection (3) applies as if the date on which the lump sum benefit became payable were a review date for the contributor. (5) For the purposes of subsection (4), a reference in subsection (3) to an increase of annual wages includes a reference to such an increase paid after a lump sum benefit became payable under this Act if the increase took effect on and from a day that is earlier than, and is in respect of, a period that includes the date on which the lump sum benefit became payable. (6) The increased contributions to be paid to the Fund by a contributor contributing for an increased lump sum benefit pursuant to this section shall be payable— (a) where the review date for the contributor is not determined as provided by subsection (4)—on and from the first day of the pay period next following a date determined by the Board in relation to the contributor for the purposes of this section, or (b) where the review date for the contributor is determined as provided by subsection (4)—on and from the first day of the pay period next following the date with effect from which the annual wages of the contributor were increased. 15 Increase in benefits triennially (1) Once in every period of three years the Board shall by proclamation published in the Gazette notify a date, being at least three months after the date of publication of the proclamation, on or before which a contributor, who at the date he makes the election referred to in this subsection, is contributing to the Fund for a lump sum benefit which is less than the maximum benefit applicable to him at that date, may, within three months before that date, elect for a higher lump sum benefit by— (a) nominating his maximum benefit at that date, or (b) nominating a benefit wage factor that would produce an amount of lump sum benefit that is less than his maximum benefit at that date. (2) An election under subsection (1) shall have effect notwithstanding any previous election made under this Act by the person making that election. (3) Where an election has been made under subsection (1) the increased contributions to be paid to the Fund by a contributor in pursuance of that election shall be payable as on and from the first day of the pay period next following the date notified under that subsection. 16 Reduction of benefits where annual wages reduced (1) Where the annual wages of a contributor are reduced and as a result of the reduction his annual wages are in a lower wage group, then if the benefit for which he was, immediately before the reduction, contributing is greater than his maximum benefit calculated by reference to his new wage group, the lump sum benefit for which he shall be entitled to contribute shall be reduced to that maximum benefit, his contributions shall be adjusted actuarially and any excess contributions may be refunded by the Board. (2) Where the reduction in annual wages (in this section referred to as the reduction) has not been made for disciplinary reasons and the contributor applies to the Board to be allowed to continue to contribute for the whole or part of the lump sum benefit for which he was contributing before the reduction— (a) the Board may allow him to do so if the application is made by the contributor within such time as may be prescribed or such longer time as the Board may, in any particular case, allow and— (i) the reduction is due to medical reasons, (ii) the contributor has held, for the period of not less than five years next preceding the reduction, the employment classification that he held immediately before the reduction, (iii) the employer certifies that within a period of three years next following the date from which the reduction was made, the whole of which period is before the date on which he would attain the age of sixty-five years, the contributor's annual wages are likely to be restored to the wage group applicable to him before the reduction, or (iv) there are special circumstances other than those referred to in subparagraph (i), (ii) or (iii) on the basis of which the employer recommends that benefits and contributions should not be reduced following the reduction, and (b) if the Board so allows him, the contributor shall contribute for the benefit applied for, his contributions shall be adjusted actuarially and any excess contributions may be refunded by the Board. 17 Certain persons may opt to make reduced contributions or not to contribute (1) In this section, prescribed date means, in relation to a person, the date on which that person is entitled to make an election under this section. (2) An employee who, at the prescribed date, has attained the age of thirty years, may elect— (a) to contribute for a lump sum benefit that is less than his ordinary minimum benefit, or (b) not to become a contributor. (3) A contributor, other than an employee, who, at the prescribed date, has attained the age of thirty years may elect— (a) to contribute for a lump sum benefit which is less than his ordinary minimum benefit, (b) where he was a contributor to the Account, not to make any contributions to the Fund, or (c) where he was a contributor to the Railways Retirement Fund, a gratuity scheme officer who has made an election under section 12 or a Police Department appointee who has made such an election, not to make any contributions to the Fund except, in the case of a gratuity scheme officer or a Police Department appointee, contributions under subsection (2) of section 18. (4) A contributor who after he becomes a contributor attains the age of thirty years, or who at the time he becomes a contributor has attained the age of thirty years, may elect— (a) not to make any contributions to the Fund in respect of any increase in his annual wages received after he makes the election, or (b) to contribute in respect of an increase in his annual wages received after he makes the election (that increase being an increase that brings his annual wages into a higher wage group) for a lump sum benefit that is less than the difference between his ordinary minimum benefit before he received that increase and his ordinary minimum benefit after he received that increase. (5) An election under this section— (a) shall be made— (i) in the case of an election made by a person, other than a contributor under section 11 or a contributor referred to in subsection (4)—on or before the date on which that person becomes, or would, but for his making the election, become, a contributor, (ii) in the case of a contributor under section 11, not being a contributor referred to in subsection (4)—on or before the date applicable to him under paragraph (b) of subsection (4) of section 13, or (iii) in the case of a contributor referred to in subsection (4) who after he becomes a contributor attains the age of thirty years—on or before the date that is one month after the payment to him of the first increase that brings his annual wages into a higher wage group after he attains the age of thirty years, (iv) in the case of a contributor referred to in subsection (4) who at the time he becomes a contributor has attained the age of thirty years—on or before the date that is one month after the payment to him of the first increase that brings his wages into a higher wage group after becoming a contributor, or at any later date that is within three months before the date notified under subsection (1) of section 15, and (b) except in the case of an election under paragraph (b) of subsection (2), paragraph (b) or (c) of subsection (3) or paragraph (a) of subsection (4), shall be made by nominating a benefit wage factor of less than two. (6) Where a person referred to in subsection (4) makes an election under that subsection by nominating a benefit wage factor— (a) the difference between the upper level of his wage group before he received the increase and the upper level of his wage group after he received the increase, or (b) where he receives any subsequent increase, the difference between the upper level of his wage group before he received the increase firstmentioned in paragraph (a) and the upper level of his wage group after he received the subsequent increase, shall be multiplied by that benefit wage factor, and the contributor shall after he received the increase or subsequent increase, as the case may be, contribute, notwithstanding any other provision of this Act (section 18 excepted), for a lump sum benefit equivalent to the sum of the product of that multiplication and the lump sum benefit for which he was contributing immediately before he received the increase first mentioned in paragraph (a). (7) Any election made with the concurrence of the Board, before the commencement of the Transport Employees Retirement Benefits (Amendment) Act 1971, in accordance with the provisions of this section by a contributor who attained the age of thirty years before becoming a contributor, shall be deemed to be and to have been an election made under this section. 18 Maximum benefits and special provisions relating to certain persons (1) Where, but for this subsection, a person would be required or entitled to contribute to the Fund— (a) (Repealed) (b) for a lump sum benefit, excluding so much of his initial credit benefit, if any, as is a multiple of one hundred dollars, the contributions for which would exceed five per centum of the upper level of his wage group, he shall be required or entitled, as the case may be, to make contributions to the Fund for whichever of the following is the lesser— (i) for a lump sum benefit, reduced by so much of his initial credit benefit, if any, as is a multiple of one hundred dollars, that would require contributions of five per centum of the upper level of his wage group, or (ii) for his maximum benefit. (2) Where a gratuity scheme officer or a Police Department appointee elects to pay and, on or before the date applicable to him under subsection (3) of section 12, there is paid to the Fund by him, or by the Board on his behalf under subsection (6) of section 51 an amount of twenty-six dollars or an amount which is a multiple of twenty-six dollars but not exceeding twenty-six dollars multiplied by the number of his completed years of service from the date of confirmation of his appointment to the date on or before which he is required to make an election under subsection (2) of section 12, that amount— (a) shall be his initial credit, and (b) shall not be taken into account for the purpose of calculating his contributions by reference to a percentage of the upper level of his wage group under subsection (1) or (3). (3) A contributor, other than an employee, may, if he has completed ten years service— (a) in the case of a contributor under section 11, at the date appointed under paragraph (b) of subsection (4) of section 13, or (b) in the case of any other contributor, at the date on or before which he is required to make an election under subsection (2) of section 12, elect— (c) in the case of a contributor under section 11, on or before the date applicable to him under paragraph (b) of subsection (4) of section 13, and (d) in the case of any other contributor, on or before the date on or before which he is required to make an election under subsection (2) of section 12, to make contributions to the Fund for whichever of the following is the lesser— (e) for a lump sum benefit, reduced by so much of his initial credit benefit, if any, as is a multiple of one hundred dollars, that would require contributions of ten per centum of the upper level of his wage group, or (f) for his maximum benefit. (4) Where a contributor referred to in subsection (3) who has made the election referred to in that subsection receives an increase in his annual wages after he makes that election and is, by reason of that increase, required or entitled to make increased contributions to the Fund, those increased contributions shall be of an amount— (a) equal to five per centum of the difference between the upper level of his wage group before he received the increase and the upper level of his wage group after he received the increase, or (b) where that percentage of that difference would, together with his previous contributions, produce a lump sum benefit greater than his maximum benefit, such lesser percentage of that difference as would produce his maximum benefit. (5) Where, but for this subsection, a person would be contributing for a lump sum benefit the contributions for which are equal to five per centum, or, in the case of a contributor referred to in subsection (3), ten per centum, of the upper level of his wage group and the lump sum benefit, reduced by so much of his initial credit benefit, if any, as is a multiple of one hundred dollars, for which he would be eligible by reason of making those contributions is not a multiple of one hundred dollars, he shall, notwithstanding any other provision of this section, contribute for a lump sum benefit that is the next multiple of one hundred dollars that is higher than the lump sum benefit to which he would be entitled by contributing five per centum or ten per centum, as the case may be, of the upper level of his wage group. 19 Amount of contributions (1) The amount of contributions to be paid to the Fund by each contributor shall, subject to this Act, be based upon the amount of the lump sum benefit for which he is contributing and his age next birthday at the time the contributions or increased contributions become payable and shall be in accordance with the table of contributions contained in Schedule 2 and with subsection (2). (2) Where the lump sum benefit for which a contributor is contributing is— (a) less than two thousand dollars, the monthly contributions to be paid to the Fund by him shall bear to the appropriate monthly contributions specified in Scale 1 of the table of contributions contained in Schedule 2 for a benefit of two thousand dollars the same proportion as the benefit for which he is contributing bears to two thousand dollars, or (b) more than but not a multiple of two thousand dollars, the monthly contributions to be paid to the Fund by him shall be the sum of— (i) an amount equal to the monthly contributions specified in Scale 1, or Scale 1 and Scale 2, as the case may require, of the table of contributions contained in Schedule 2 that are appropriate in respect of so much of the benefit as is two thousand dollars or a multiple of two thousand dollars, as the case may be, and (ii) an amount that bears to the appropriate monthly contributions specified in Scale 2 of the table of contributions contained in Schedule 2 for a benefit of two thousand dollars the same proportion as the difference between the portion of the benefit in respect of which contributions are payable under subparagraph (i) and the benefit for which he is contributing bears to two thousand dollars. (3) Notwithstanding any other provisions of this section, a contributor, the date of confirmation of whose appointment was before the first day of June, one thousand nine hundred and sixty-four, and a contributor who makes or on whose behalf is made a payment to the Fund of not less than one hundred and thirty dollars pursuant to subsection (2) of section 18, shall make his contributions to the Fund in accordance with Scale 2 of the table of contributions contained in Schedule 2. (4) Where under this section the contributions that would, but for this subsection, be payable by a contributor include a fraction of a cent, the contributions shall be calculated to the next higher whole cent. 20 Deduction of contributions from wages (1) Contributions required to be paid to the Fund shall be deducted by the employer from the salaries or wages of contributors at each payment thereof and shall be paid by the employer to the Board within 7 days after the last day of the month to which the contributions relate. (2) Nothing contained in this section shall operate to prevent a contributor from making, with the approval of the Board, direct payments to the Fund in respect of his contributions. (3) Where contributions are not paid by the employer or contributor in accordance with subsection (1) or (2), the Board may, by notice in writing, require the employer or contributor to pay, in addition to the contributions, interest calculated at the average earning rate on the Fund during the immediately preceding financial year, compounded annually at the end of each financial year, on the amount of contributions not so paid for the period from the expiration of seven days after the last day of the month to which the contributions relate or the due date for payment by the contributor, as the case may be, to the date on which the contributions are paid to the Board, and, upon receipt of the notification, the employer or contributor shall pay to the Board within seven days the amount of interest specified in the notification. (4) Any contributions deducted by an employer in accordance with subsection (1), or payable by a contributor referred to in subsection (2), and any interest required to be paid by an employer or contributor in accordance with subsection (3) shall be debts due to the Board and shall be recoverable in a court of competent jurisdiction. (5) Where the contributions that have been deducted from the salary or wages of a contributor and paid to the Fund or have been paid directly by a contributor to the Fund exceed the amount of contributions that the contributor is required to make under this Act, the Board shall refund to the contributor the amount of the excess contributions. (6) Where the contributions that have been deducted from the salary or wages of a contributor and paid to the Fund or have been paid directly by a contributor to the Fund are less than the amount of contributions that the contributor is required to make under this Act, or contributions have not been paid, the Board may— (a) reduce, to the extent that it considers appropriate, having regard to the actuarial value of the deficiency, the amount of the lump sum benefit for which the contributor is eligible, or (b) deduct from the lump sum benefit that would otherwise be payable the amount of contributions owing plus, if the Board so determines interest on that amount calculated at the average earning rate on the Fund for the immediately preceding financial year, compounded annually at the end of each financial year, from seven days after the dates on which the contributions were payable to the Fund to the date on which the lump sum benefit is paid. 21 Cessation of contributions (1) The last month in respect of which a contributor is required to make a contribution to the Fund is the month that immediately precedes the month during which the contributor ceases to be employed by his employer, dies, retires, or attains the age of sixty-five years, whichever first occurs. (2) A contributor— (a) who has ceased to contribute to the Fund as mentioned in subsection (1), or (b) who is eligible for a benefit under this Act calculated by reference only to his initial credit, shall, for the purposes of this Act, be deemed to be a contributor until he ceases to be employed by his employer, dies, retires, or attains the age of sixty-five years, whichever first occurs. 22 Exemption from contributing and reduced contributions (1) Notwithstanding any other provision of this Act, the Board may exempt a contributor or employee from contributing to the Fund or reduce the lump sum benefit for which a contributor or employee is required to contribute to the Fund where the Board, on the application of the contributor or employee, is satisfied that adequate provision has been made for the contributor and his family, the contributor's husband is a contributor or there are other special circumstances that justify the exemption or reduction. (2) If the Board exempts a person from contributing to the Fund, the Board shall make a refund of contributions to that person. (3) If the Board reduces the benefit for which a person was contributing, the Board shall adjust his contributions actuarially and may make a refund of any excess contributions. 23 Benefit at age 65 years after 10 years service (1) On the retirement of a contributor who has attained the age of sixty-five years and has completed at least ten years service there shall be paid from the Fund, as a lump sum benefit, the sum of— (a) the amount of any lump sum benefit for which, at the time of his retirement, he is contributing in accordance with this Act, and (b) an amount equivalent to the sum of— (i) his initial credit, if any, (ii) interest on his initial credit, if any, at the prescribed rate, compounded annually at the end of each financial year, for the period from the date he became a contributor to the date he attains the age of sixty-five years, and (iii) one and one-half times the sum of his initial credit, if any, and that interest— Provided that the amount of the lump sum benefit paid under this subsection shall not be less than the sum to which he would be entitled under paragraphs (d), (e) and (f) of subsection (3) were he eligible to receive a lump sum benefit under that subsection. (2) Where the services of a contributor are retained by his employer after he has attained the age of sixty-five years, the lump sum benefit to which he would have been entitled had he retired at that age, together with interest at the prescribed rate, compounded annually at the end of each financial year, from the date of his sixty-fifth birthday, shall be paid from the Fund to him on his subsequent retirement or, in the event of his death prior thereto, that lump sum benefit and interest shall be paid in accordance with section 24. (2A) Where the services of a contributor are retained by his employer after he has attained the age of sixty-five years and the date of completion of ten years' service occurs while his services are so retained he shall, for the purposes of subsections (1) and (2), be deemed to have completed ten years' service at the age of sixty-five years. (3) A contributor who has completed at least ten years service and who— (a) retires on or after the date on which he attains the age of sixty years but before he attains the age of sixty-five years, (b) is retired from the service of his employer through infirmity of body or mind not caused by intemperate habits, the infirmity being certified to the satisfaction of the Board as being likely to be permanent, or (c) is retrenched, shall be paid from the Fund, as a lump sum benefit, an amount equivalent to the sum of— (d) the difference between his contributions to the Fund, if any, and any such contributions previously refunded to him, together with interest on the difference at the prescribed rate, compounded annually at the end of each financial year, to the date on which he retires, is retired, or retrenched, (e) his initial credit, if any, together with interest thereon at the prescribed rate, compounded annually at the end of each financial year, for the period from the date he became a contributor to the date on which he retires, is retired, or retrenched, and (f) one and one-half times the sum of the amounts calculated in accordance with paragraphs (d) and (e). (4) Notwithstanding the provisions of subsections (1), (2) and (3), where a contributor, not being a contributor referred to in paragraph (b) or (c) of subsection (3), so elects, there shall be paid from the Fund in lieu of the whole or part, as he specifies in the election, of the lump sum benefit to which he would, but for the election, be entitled under subsection (1), (2) or (3)— (a) in the case of a male contributor— (i) a pension for himself for life from the day following his retirement, or (ii) a pension for himself for life from the day following his retirement and five-eighths of that pension for his widow (being his wife at the date on which the lump sum benefit becomes payable) for her life from the day following his death, or (b) in the case of a female contributor, a pension for herself for life from the day following her retirement. (5) The provisions of this section do not apply so as to authorise a contributor to make an election whereby the amount of the pension payable to him would be less than ten dollars per fortnight. (6) An election referred to in subsection (4) shall be made at least three months before the date on which the lump sum benefit becomes payable or on or before such later date as the Board in any particular case may allow and shall take effect on the date on which the lump sum benefit becomes payable. (7) Where a contributor makes an election under this section whereby a pension for the contributor, as referred to in subparagraph (i) of paragraph (a), or in paragraph (b), of subsection (4), is payable from the Fund and the contributor's age, in complete years, at the date the lump sum benefit would, but for the election, have become payable is included, in the case of a male contributor, in Schedule 4, or, in the case of a female contributor, in Schedule 6, the amount of the pension payable to the contributor shall be ascertained by multiplying the appropriate amount set out in Schedule 4, or Schedule 6, as the case may be, by the amount of the lump sum benefit and dividing the product by ten thousand. (8) Where a contributor makes an election under this section whereby a pension for himself and his widow, as referred to in subparagraph (ii) of paragraph (a) of subsection (4), is payable from the Fund and the ages of the contributor and his wife in complete years at the date the lump sum benefit would, but for the election, have become payable are both included in Schedule 5, the amount of the pension pursuant to that subparagraph shall be— (a) in respect of the contributor, ascertained by multiplying the appropriate amount set out in Schedule 5 by the amount of the lump sum benefit in respect of which he made the election and dividing the product by ten thousand, and (b) in respect of his widow, five-eighths of the amount calculated under paragraph (a). (9) Where the age, in complete years, of a contributor who has made an election under subsection (4) at the date the lump sum benefit would, but for the election, have become payable is not included in Schedule 4, or Schedule 6, as the case may be, and where the age, in complete years, of either the contributor or his wife at the date the lump sum benefit would, but for the election, have become payable, is not included in Schedule 5, the amount of the pension under this section shall be such amount as may be determined actuarially by the Board. (10) If a contributor elected to take the benefit provided by subsection (4) (a) (ii), the benefit is taken to extend to the de facto partner of a deceased pensioner who dies on or after the commencement of this subsection. (11) In this section— de facto partner of a deceased pensioner means, if the deceased pensioner was, at the time of his or her death, in a de facto relationship within the meaning of the Property (Relationships) Act 1984 with a person, that person. 23A Extension of rights to spouse pensions (1) This section applies to a contributor (the pensioner) who made an election under section 23 (4) (a) (ii) and who marries or enters into a de facto relationship after becoming entitled to a pension under this Act. (2) If a pensioner dies on or after the commencement of this section leaving an eligible widow or de facto partner, there is payable to the eligible widow or de facto partner— (a) if the deceased pensioner and eligible widow or de facto partner had been married or been in a de facto relationship for 3 years or more immediately before the pensioner's death—a pension at the rate of five-eighths of the pension the deceased pensioner was receiving, or entitled to receive, immediately before death, or (b) if the deceased pensioner and eligible widow or de facto partner had been married or been in a de facto relationship for less than 3 years immediately before the pensioner's death—a pension as referred to in paragraph (a), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years. (3) In this section— eligible widow or de facto partner of a deceased pensioner means a widow or de facto partner who has or had in the marriage or relationship with the deceased pensioner a child, being— (a) a child of the widow or de facto partner and the deceased pensioner who was, in the opinion of the Board, wholly or substantially dependent on the deceased pensioner at any time during the marriage or relationship, or (b) a child of the deceased pensioner who was conceived before and born alive after the death of the pensioner. 24 Entitlement of widow, dependants etc (1) Subject to this section, where a contributor dies, his widow or, if he dies without leaving a widow, his child or children who was or were dependent, in the opinion of the Board, upon him at the time of his death or, if there is no widow or child or children so dependent, any other person or persons so dependent on him shall be entitled— (a) in the case of a contributor with not less than ten years service who dies on or after he attains the age of sixty years, to receive a lump sum benefit from the Fund of an amount equivalent to the lump sum benefit that would have been payable to him had he retired on the date of his death, or (b) in any other case, to receive a lump sum benefit from the Fund of an amount equivalent to twice the sum of— (i) the difference between his contributions to the Fund, if any, and any such contributions previously refunded to him, together with interest on the difference at the prescribed rate, compounded annually at the end of each financial year, to the date of his death, and (ii) his initial credit, if any, together with interest thereon at the prescribed rate, compounded annually at the end of each financial year, from the date he became a contributor to the date of his death. (2) Where more than one person is entitled to a benefit under this section, the Board shall determine the manner in which the benefit shall be apportioned and may pay the benefit accordingly. (3) (a) Where there is a guardian of any child eligible to receive a lump sum benefit under this section and the Board is satisfied that the benefit, or any part of the benefit, would, if paid to the guardian, be used for the maintenance, education and advancement of the child, the Board may pay the benefit or part to the guardian. (b) If the Board is not so satisfied or if there is no guardian of the child, any such benefit or part may be expended for the benefit of the child in such manner as may be determined by the Board. (4) Where a contributor dies and does not leave a widow or any dependants, there shall be paid from the Fund to his personal representatives or, where he has no personal representatives, to such other person or persons as the Board may determine, an amount— (a) in the case of a contributor with not less than ten years' service who dies on or after attaining the age of sixty years—equivalent to the amount that, pursuant to subsection (1) (a), would have been payable from the Fund had he left a widow or dependant, (b) in the case of a contributor with not less than ten years' service who dies before attaining the age of sixty years—equivalent to one and one-half times the sum of the amounts referred to in subsection (1) (b) (i) and (ii) that would have been applicable had he left a widow or dependant, or (c) in any other case—equivalent to the refund of his contributions, together with interest thereon at the prescribed rate, compounded annually at the end of each financial year from the date on which he became a contributor until the date of his death. (5) The payment of any benefit or part of a benefit by the Board under this section shall discharge the Board and the Fund from all liability in respect of the benefit or part. 25 Refund of contributions where services terminate Where the services of a contributor with his employer terminate for any reason whatsoever and there is not payable to or in respect of him any lump sum benefit or pension under any other provision of this Act, there shall be paid to the contributor from the Fund a refund of his contributions, together with interest thereon at the prescribed rate, compounded annually at the end of each financial year from the date on which he became a contributor until the date on which his services terminate. 25A Supplementary amounts (1) In subsection (2), supplementary amount, in relation to a contributor who ceases to be employed by an employer, dies or retires, means the difference between— (a) the total of the amount of his initial credit, if any, and of the amount of his contributions and interest at the prescribed rate on those amounts, compounded annually at the end of each financial year, up to the day on which he ceases so to be employed, dies or retires, and (b) the amount which that total would be if the prescribed rate were— (i) for each financial year commencing with or after 1 July 1968, and ending with or before 30 June 1973—the average earning rate on the Fund for that year, as determined by the Board, (ii) for each financial year commencing with or after 1 July 1973, and ending with or before 30 June 1982—5½ per centum per annum, and (iii) for each financial year commencing with or after 1 July 1982—the rate for that financial year determined by order of the Board. (2) There shall be paid from the Fund to a contributor who, on or after 1 July 1983— (a) ceases to be employed by his employer, (b) dies, or (c) retires, the supplementary amount for the contributor. 26 Minimum amount of lump sum benefit in certain cases (1) When a contributor dies or is retired from the service of his employer through infirmity of body or mind not caused by intemperate habits, the infirmity being certified to the satisfaction of the Board as being likely to be permanent and the benefit payable to or in respect of him would be less than the minimum benefit, the benefit payable to or in respect of him shall be the minimum benefit. (2) In this section— minimum benefit means— (a) in the case of a contributor who immediately before his death or retirement was contributing for a lump sum benefit of an amount, which together with his initial lump sum benefit, if any, was not less than twice the lower level of his wage group, but not as provided in paragraph (b), or subparagraph (i) of paragraph (c), an amount of one thousand dollars, or if the Board has under subsection (2) of section 61 determined in respect of him a lesser amount, that lesser amount, (b) in the case of a contributor who immediately before his death or retirement was contributing for a lump sum benefit of an amount, which together with his initial credit benefit, if any, was not less than twice the upper level of his wage group— (i) an amount of one thousand dollars added to the product of one hundred dollars multiplied by the completed years of service of the contributor, or the prescribed amount, whichever is the lesser, (ii) if the prescribed amount would be less than one thousand dollars, an amount of one thousand dollars, or (iii) if the Board has under subsection (2) of section 61 determined in respect of him a lesser amount than the amount applicable under subparagraph (i), or referred to in subparagraph (ii), that lesser amount, or (c) in the case of a contributor who immediately before his death or retirement was contributing for the maximum benefit appropriate to his age level— (i) if that maximum benefit, together with his initial