Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 59

Retrospective increase in certain widows' pensions

59. Retrospective increase in certain widows' pensions



			(1)    (a)	Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force or of a pensioner was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the said second day of January and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;


   (b)  Where a member of the force or pensioner has died on or after the
        second day of January One thousand nine hundred and forty-eight and
        before the commencement of the Police Regulation (Amendment) Act 1948
        and his widow was not entitled to receive any pension or was entitled
        to receive a pension of not more than $83.20 per annum, then as on and
        from the date of the death of the member or pensioner and as long as a
        pension is payable to her a pension of $104 per annum shall be payable
        to such widow, and the necessary adjustments shall be made in respect
        of payments of pension to any such widow on and after the date of the
        death of the pensioner.

			(2)    (a)	The pension of any widow (other than a widow referred to in the last preceding subsection) of a member of the force or pensioner who died before the second day of January One thousand nine hundred and forty-eight shall as on and from the said second day of January and as long as a pension is payable to her be the pension payable immediately before the said second day of January plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;


   (b)  Where a member of the force or pensioner has died on or after the
        second day of January One thousand nine hundred and forty-eight and
        before the commencement of the Police Regulation (Amendment) Act 1948
        the pension of his widow (not being a widow referred to in the last
        preceding subsection) shall as on and from the date of the death of
        the member or pensioner and as long as a pension is payable to her be
        the pension payable as at the date of the death of the member or
        pensioner plus twenty-five per centum, and the necessary adjustments
        shall be made in respect of payments of pension to any such widow on
        and after the date of the death of the member or pensioner;

   (c)  Notwithstanding anything in the foregoing provisions of this
        subsection no pension payable to a widow shall by virtue of this
        subsection be so increased as to exceed at any time after the second
        day of January One thousand nine hundred and forty-eight-

   (i)  in the case of a widow's ordinary pension, the maximum pension payable
        under this Act appropriate to the relevant rank and service of her
        husband in the force;

   (ii) in the case of a widow's special pension, an amount equal to one-third
        of the annual pay which would have been payable on the said second day
        of January to a member of the force having the same rank and service
        as her husband had at the time of his death or retirement; and in
        calculating the annual pay for the purposes of this subparagraph,
        subparagraph (i) of the proviso to paragraph (a) of rule 19 of the
        Fourth Schedule to this Act shall not apply- and the necessary
        adjustments shall be made in respect of payments of pension made to
        any such widow on or after the said second day of January.

(3) The foregoing provisions of this section shall not apply in the case of a
widow whose husband was not a person to whom the provisions of Division two of
Part III of this Act or any corresponding previous enactment applied.

(4) Where immediately before the second day of January One thousand nine
hundred and forty-eight the widow of a member of the force was receiving a
pension pursuant to the provisions of section twenty-eight of the Police
Regulation Act 1928 then as on and from the said second day of January and so
long as a pension is payable to her the pension of such widow shall be the
pension payable to her immediately before the said second day of January plus
twenty-five per centum; and the necessary adjustments shall be made in respect
of payments of pension made to any such widow on or after the said second day
of January.



* * * * *



Provisions of 1950