Victorian Consolidated Legislation

Coal Mines (Pensions) Act 1958 - SECT 104

Pensions-mine works who are retired1

104. Pensions-mine works who are retired1

Any person engaged in the coal mining industry as a mine worker at the
commencement of Part II of the Coal Mine Workers Pensions Act 1942 or at the
date of retirement (as the case may be) shall be eligible, as from the date of
retirement or (in the case of a person who having attained the retiring age
has ceased to be engaged in the coal mining industry after the thirty-first
day of December One thousand nine hundred and forty-one but before the
commencement of the said Part) as from the date of commencement of the said
Part, for a pension of $102.30 per week if he establishes to the satisfaction
of the Tribunal that-

   (a)  he has been continuously resident in Victoria during the five years
        immediately preceding the date of retirement, and he has actually
        worked as a mine worker for not less than sixty days in each of these
        years; or

	(b)    (i)	he has been resident in Victoria for not less than five years out of the seven years immediately preceding the date of retirement; and


   (ii) he has actually worked in or about a coal mine in Australia for not
        less than five hundred days in the said period of seven years; and

   (iii) he has actually worked as a mine worker in Victoria for not less than
        sixty days in each of the years he has been resident in Victoria
        including the twelve months immediately preceding the commencement of
        the said Part or the date of retirement (as the case may be): Provided
        that the Tribunal shall not award a pension under this section to any
        mine worker unless, in its opinion, the employment of such mine worker
        was bona fide, and was not arranged solely or mainly for the purpose
        of enabling such mine worker to become eligible for a pension pursuant
        to this section.