New South Wales Consolidated Acts

COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) ACT 1941 - SECT 4A

4A Special provisions for persons engaged in the coal mining industry in a reciprocating State

(1) In this section:

(a) a reference to the applicable provisions is a reference to sections 3 (8) and 7 (1A), and to Division 4 of Part 2, except section 14P, and

(b) a reference to a person to whom this section applies is a reference to a person whose last period of service as a mine worker was in a reciprocating State, who has had prior service in the coal or oil shale mining industries in New South Wales and:

(i) who has applied for a benefit under this Act, or

(ii) who has died and in respect of whom application has been made for such a benefit.

(2) For the purposes of the applicable provisions and of qualifying for a benefit under this Act, a person to whom this section applies is taken to have been a mine worker if he or she:

(a) is or was, on or after 3 January 1993, employed in the coal mining industry in a reciprocating State, and

(b) by the operation of section 2 (2), would be taken to have been engaged in the coal or oil shale mining industries had the employment been in New South Wales,

but, for the purpose of calculating any benefit, industry service in New South Wales only (and no other service) is to be taken into account.

(3) The provisions of section 3 (1), (3) and (4) apply to a person taken by this section to have been a mine worker and so apply as if a reference in those provisions to New South Wales included a reference to a reciprocating State.

(4) Section 6 applies to a person taken by this section to have been a mine worker and so applies as if:

(a) a reference in that section to having been continuously resident, or resident, in New South Wales during a specified period included a reference to any period during which the person was continuously resident, or resident, in a reciprocating State, and

(b) a reference in that section to having been continuously engaged, or engaged, in the coal or oil shale mining industries in New South Wales during a specified period included a reference to any period during which the person was continuously employed, or employed, in the coal mining industry in a reciprocating State, and

(c) a reference in that section to having actually worked in or about a coal or oil shale mine in New South Wales for a specified period included a reference to any period during which the person worked in or about a coal mine in a reciprocating State.

(5) If a person dies or is incapacitated while employed in the coal mining industry in a reciprocating State, the same benefit is payable to the person or persons entitled on the death or incapacity as would have been payable if the deceased or incapacitated person had retired on the date of death or incapacity.