Victorian Consolidated Legislation

Coal Mines (Pensions) Act 1958 - SECT 110

Pensions-special provisions5

110. Pensions-special provisions5



(1) Where a mine worker becomes eligible for a retiring pension or a
disablement pension the pension shall, subject to this Part, be payable to him
until his death.

(2) No mine worker shall be paid more than one pension under this Part.

(3) After the commencement of the Coal Mines (Pensions Increase) Act 1985 when
and so often as the rates of Age, Invalid, or Widows' Pensions under the
Commonwealth Act known as the Social Security Act 1947, as amended from time
to time, are increased or reduced or any allowances payable in respect of any
such pensions are increased or reduced the weekly amounts of pensions and
additional payments referred to in this Part shall be increased or reduced as
follows-



   (a)  where the rate of the Age Pension under the said Commonwealth Act is
        increased or reduced the weekly amount at that time payable in respect
        of pensions under section 104 shall be varied by adding to or
        subtracting from that amount an amount equivalent to the weekly
        increase or reduction in the Age Pension;





   (b)  where the rate of the Invalid Pension under the said Commonwealth Act
        is increased or reduced the weekly amount at that time payable in
        respect of pensions under section 105 shall be varied by adding to or
        subtracting from that amount an amount equivalent to the weekly
        increase or reduction in the Invalid Pension;

   (c)  where the rates of the dependants' and other allowances under the said
        Commonwealth Act are increased or reduced the weekly amounts of the
        corresponding additional payments at that time payable under section
        106 shall be varied by adding to or subtracting from those amounts
        amounts equivalent to the weekly increase or reduction in the
        corresponding allowances under the said Commonwealth Act;

   (d)  where the rate of the Widow's Pension under the said Commonwealth Act
        is increased or reduced the weekly amount at that time payable in
        respect of pensions under section 107 shall be varied by adding to or
        subtracting from that amount an amount equivalent to the weekly
        increase or reduction in the Widow's Pension.

(4) Any increase pursuant to the provisions of this section in the amount of
any pension or additional payment payable under this Part shall be payable
with respect to the first full pay period for pensions under this Part which
next occurs after the day upon which the pensions payable pursuant to the said
Commonwealth Act are paid at an increased rate.

(5) Any reference in subsection (3) to a weekly amount payable under this Part
in respect of a pension or additional payment shall be read and construed-

   (a)  until the weekly amount payable under any particular section is varied
        by the operation of subsection (3)-as a reference to the weekly amount
        expressed in the section to be payable in that case; and

   (b)  where the amount payable under any particular section has been varied
        by the operation of subsection (3)-as a reference to the amount
        specified in the section as varied from time to time by the operation
        of subsection (3) and for the time being declared by Order under
        subsection (6) to be the weekly amount payable in respect of a pension
        or additional payment under that section.

(6) When and so often as the weekly amounts referred to in this Part are
varied by the operation of this section the Governor in Council may, by Order
published in the Government Gazette, declare to be the weekly amounts to be
paid on and from the day set forth in the Order in respect of pensions and
additional payments under this Part the amounts specified in the Order and
thereupon the amounts so declared shall be and be taken to be the weekly
amounts payable under the several provisions of this Part in respect of the
pensions and additional payments under this Part.



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