Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 59

59. Section 150 of the Principal Act is amended-

   (a)  by omitting sub-sections (1), (2) and (3) and substituting the
        following sub-sections:

''(1) Where a person to whom pension has become payable (whether or not it has
become payable to the person by virtue of section 136) would, but for this
section, be entitled to an increase in the rate at which the pension was
payable to or in respect of the person immediately before the commencement of
a prescribed year and-

   (a)  in a case where the pension is age retirement pension, early
        retirement pension or invalidity pension-it became payable to the
        person during the year (in this section referred to as the 'preceding
        year') immediately preceding the prescribed year;

   (b)  in a case where the pension is spouse's pension-

        (i)    if, immediately before the death of the person by reason of
               whose death the spouse's pension became payable, a pension
               (other than a partial invalidity pension) was not payable to
               the deceased person-the spouse's pension became payable during
               the preceding year; or

        (ii)   if, immediately before the death of the person by reason of
               whose death the spouse's pension became payable, a pension
               (other than a partial invalidity pension) was payable to the
               deceased person-the pension that was payable to the deceased
               person became payable during the preceding year; or

   (c)  in a case where the pension is orphan pension-

        (i)    if, immediately before the death of the person by reason of
               whose death the orphan pension became payable, a pension (other
               than a partial invalidity pension) was not payable to the
               deceased person-the orphan pension became payable during the
               preceding year;

        (ii)   if, immediately before the death of the person by reason of
               whose death the orphan pension became payable, spouse's pension
               was payable to the deceased person-the spouse's pension became
               payable during the preceding year and pension (other than
               partial invalidity pension) was not payable to the person in
               relation to whom the deceased person was a spouse or was not
               payable for the part of the year that spouse's pension was not
               payable to the deceased person; or

        (iii)  if, immediately before the death of the person by reason of
               whose death the orphan pension became payable, a pension (other
               than a partial invalidity pension or a spouse's pension) was
               payable to the deceased person-the pension that was payable to
               the deceased person became payable during the preceding year,

the following provisions of this section have effect in relation to that
first-mentioned pension.

''(2) If-

   (a)  the pension;

   (b)  where clause (1) (b) (ii) or (1) (c) (iii) applies-the pension that
        was payable to the deceased person;

   (c)  where clause (1) (c) (ii) applies and pension was not payable to the
        person in relation to whom the deceased person was a spouse-the
        pension that was payable to the deceased person; or

   (d)  where clause (1) (c) (ii) applies and pension was payable to the
        person in relation to whom the deceased person was a spouse-that
        last-mentioned pension,

became payable after 16 June in the preceding year, the person is not entitled
to the increase.

''(3) If-

   (a)  the pension;

   (b)  where clause (1) (b) (ii) or (1) (c) (iii) applies-the pension that
        was payable to the deceased person;

   (c)  where clause (1) (c) (ii) applies and pension was not payable to the
        person in relation to whom the deceased person was a spouse-the
        pension that was payable to the deceased person; or

   (d)  where clause (1) (c) (ii) applies and pension was payable to the
        person in relation to whom the deceased person was a spouse-that
        last-mentioned pension,

became payable on or before 16 June in the preceding year, the amount of the
increase is so much only of the amount that but for this section would have
been the amount of the increase as bears to that last-mentioned amount the
same proportion as the number of months in the period that commenced on the
day on which the pension referred to in whichever of paragraphs (a), (b), (c)
and (d) is applicable became payable and ended on 30 June in the preceding
year bears to 12.''; and

   (b)  by omitting sub-section (6).