Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 64

Retrospective payments to pensioners widows and children already entitled to pensions etc.

64. Retrospective payments to pensioners widows and children already entitled
to pensions etc.



(1) Notwithstanding anything in this Act the pension or allowance payable to
or in respect of any pensioner widow or child to or in respect of whom a
pension or allowance was payable under the Police Regulation Acts immediately
before the commencement of the Police Regulation (Pensions) Act 1955 shall be
at the respective rates provided by this section.

(2) In this section then rate of pension means the rate of pension, including
any additional amount payable under the Superannuation Police and State
Pensions Act 1953, that was payable (apart from the operation of this section)
to or in respect of the pensioner or widow concerned immediately before the
commencement of the Police Regulation (Pensions) Act 1955.

(3) Subject to this section the rate of pension payable to such a pensioner
shall be-

   (a)  if his then rate of pension was not more than $364-such then rate
        increased by one-seventh thereof;

   (b)  if his then rate of pension was more than $364 but not more than
        $728-such then rate increased by $52;

   (c)  if his then rate of pension was more than $728-a rate of $780 or such
        then rate (excluding any additional amount payable under the
        Superannuation Police and State Pensions Act 1953) increased by
        one-sixth thereof (whichever is the greater).

(4) Subject to this section the rate of pension payable to such a widow shall
be her then rate of pension increased by one-quarter thereof.



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

   (a)  the rate of pension payable to any such pensioner shall not exceed the
        rate payable under Division two of Part III of this Act to a member of
        the force who-

   (i)  on the commencement of the Police Regulation (Pensions) Act 1955 first
        became entitled to a similar pension; and

   (ii) during the three years immediately preceding the commencement of that
        Act held the same rank or ranks for the same period or periods as the
        pensioner held during the three years immediately prior to the date of
        his retirement;

   (b)  the rate of pension payable to any such widow shall not exceed the
        rate which would be payable to her if she had first become entitled to
        the pension on the commencement of that Act.

Provisions of 1960