New South Wales Consolidated Acts

COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) ACT 1941 - SECT 19H

19H Suspension of weekly payments of subsidy in certain cases

(1) Where any mine worker who is eligible for or who has been awarded a subsidy pursuant to this Part is sentenced to imprisonment for any period in excess of one month, the mine worker’s subsidy rights pursuant to this Part shall be suspended during the period of such imprisonment.

(2) While a mine worker who is eligible for, or who has been awarded, a subsidy under this Part is a mentally incapacitated person, the mine worker’s subsidy rights under this Part are suspended if the Corporate Trustee so determines. While such a determination is in force, any person who would, if the mine worker were dead, have been eligible for a pension under the AUSCOAL Rules:

(a) is eligible for such a pension as if the mine worker were dead, and

(b) is entitled to retain the whole of the pension for the person’s own use.

(3) This section does not apply to a mine worker who is paid a lump sum under section 19BA instead of weekly payments of subsidy.