Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 58

Pensions of members who retired before 2 January 1948

58. Pensions of members who retired before 2 January 1948



(1) In the case of a pensioner who became a member of the force on or after
the twenty-fifth day of November One thousand nine hundred and two and retired
from the force before the second day of January One thousand nine hundred and
forty-eight, as on and from the said second day of January and so long as a
pension is payable to him the rate of such pension shall be calculated as if-

   (a)  the pay on the said second day of January for the rank he held at
        retirement were his pay at the date of retirement; and

   (b)  subparagraph (i) of the proviso to paragraph (a) of rule 19 of the
        Fourth Schedule to this Act were not applicable to the calculation of
        such pension-

and the necessary adjustments shall be made in respect of payments of pension
made to any such pensioner on or after the said second day of January.

(2) Subject to the next succeeding subsection, in the case of a pensioner who
became a member of the force before the twenty-fifth day of November One
thousand nine hundred and two and retired from the force before the second day
of January One thousand nine hundred and forty-eight, as on and from the said
second day of January and so long as a pension is payable to him the rate of
such pension shall be calculated as if-

   (a)  he were a person to whom the provisions of Division two of Part III of
        this Act apply and who on the said second day of January retired from
        the force with the same rank and service as such pensioner; and

   (b)  subparagraph (i) of the proviso to paragraph (a) of rule 19 of the
        Fourth Schedule to this Act were not applicable to the calculation of
        such pension-

and the necessary adjustments shall be made in respect of payments of pension
made to any such pensioner on or after the said second day of January.

* * * * *



(4) For the purposes of this section any pensioner who-

   (a)  served as a member of the force for not less than ten years;

   (b)  was not reduced in rank while a member of the force; and

   (c)  held the rank of constable at the time of his retirement-

shall be deemed to have held the rank of first constable at the time of his
retirement.

(5) Notwithstanding anything in the foregoing provisions of this section-

   (a)  except insofar as paragraph (b) of this subsection applies, the rate
        of pension payable to any pensioner shall not at any time by virtue of
        this section be more than twenty-five per centum greater than the rate
        of pension payable to him immediately before the second day of January
        One thousand nine hundred and forty-eight;

   (b)  in the case of a pensioner who has elected as mentioned in subsection
        (3) of this section, as from and after the coming into operation of
        the Police Regulation (Amendment) Act 1949 the rate of pension payable
        to him shall not by virtue of this section be more than twenty-five
        per centum greater than the rate of pension which would have been
        payable to him at the date of his retirement if (apart from subsection
        (3) of this section) he had then been a person to whom Division two of
        Part III of the Police Regulation Act 1928 applied;

   (c)  no pensioner shall by virtue of this section (except by virtue of an
        election mentioned in subsection (3) of this section) suffer any
        reduction of the pension which he was receiving before the said second
        day of January.