New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 11B

11B Grant of superannuation allowance to widows of former members dying before 12.4.1966

(1) Subject to subsection (2), where:

(a) a male former member of the police force to whom a superannuation allowance had been granted died before the commencement of the Police Regulation (Superannuation) Further Amendment Act 1966 ,

(b) that former member was married at the date of his death,

(c) his widow was his wife at the date of his retirement (whether by disablement or otherwise),

(d) his widow is not married, and

(e) his widow is:

(i) in the case of a widow who has not attained the age of 70 years-in receipt of a class of Commonwealth pension (as defined in section 7A (1)) that is the maximum amount of that class of Commonwealth pension that may be paid to her, without any reduction on account of income or property or both pursuant to the law of the Commonwealth under which the Commonwealth pension is paid, or

(ii) in the case of a widow who has attained the age of 70 years-in receipt of a Commonwealth pension (as so defined),

there may be paid to his widow upon her so making application the superannuation allowance hereinafter prescribed.

(2) For the purposes of this section, the prescribed superannuation allowance shall be:

(a) in the case of a widow who has not attained the age of 70 years:

(i) the maximum superannuation allowance that if received by the widow would not affect her eligibility to continue to receive the maximum amount of the class of Commonwealth pension she is in receipt of as referred to in subsection (1) (e) (i), or

(ii) the appropriate amount per fortnight,

whichever is the lesser, or

(b) in the case of a widow who has attained the age of 70 years-the appropriate amount per fortnight.

(2A) For the purposes of this section, the appropriate amount is:

(a) for the period commencing on and including 20 September 1974 and ending on and including the day preceding the next adjustment date-$25.72, or

(b) for any subsequent period commencing on and including the adjustment date for a year and ending on and including the day preceding the next adjustment date:

(i) if there is no adjustment percentage for that year-the appropriate amount for the preceding period (as referred to in this subsection), or

(ii) if there is an adjustment percentage for that year-the appropriate amount for the preceding period (as so referred to), adjusted by that percentage,

but the appropriate amount is:

(c) for the period commencing on and including 29 September 1978 and ending on and including the day preceding the next adjustment date-$42.53, and

(d) for the period commencing on and including the first day of the superannuation allowance pay period that next succeeds the superannuation allowance pay period during which the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1981 occurs, and ending on and including the day preceding the next adjustment date-$64.77.

(2B) For the purposes of subsection (2A):

(a) "adjustment date", "adjustment percentage" and "year" have the meanings respectively ascribed thereto in section 14A (1),

(b) section 14A (2) applies to and in respect of the adjustment of an amount referred to in subsection (2A) in the same way as it applies to and in respect of the adjustment of a superannuation allowance under Division 2 of Part 4, and

(c) a reference in subsection (2A) to the appropriate amount for the preceding period is, where the preceding period includes the period referred to in subsection (2A) (d), a reference to $64.77.

(2C) Notwithstanding anything in this section, the superannuation allowance payable to a widow pursuant to this section shall not be reduced below the fortnightly amount that would, if Division 2 of Part 4 had not been enacted, have been payable to her.

(3) The superannuation allowance under subsection (2):

(a) shall be payable to the applicant therefor as from the date application was made,

(b) shall not be payable to a widow to whom an allowance is being paid under section 11 until such allowance ceases: Provided that a widow who is in receipt of an allowance under that section may elect to forfeit that allowance and to be paid in lieu a superannuation allowance in pursuance of subsection (1),

(c) shall not be payable to a widow to whom a superannuation allowance is payable under section 11A or 12 or to whom a gratuity is payable under section 12 (1A), and

(d) is subject to section 23.