Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, every pension payable under this Act shall be increased in each year,
commencing with the year 1976, with effect on and from 1 January in that
year by the percentage by which the Index for the quarter ending on the
immediately preceding 31 December is greater than the Index for the
quarter ending on the penultimate preceding 31 December.
(2) The following
provisions apply to and in relation to the first increase of a pension
pursuant to this section if, on 1 January in the year in which the
increase is to be made, or would, but for paragraph (a) be made the
pension has been in force for less than 12 months,
namely —
(a) in
the case of a pension which first becomes payable after 1 October in any
year, the first increase of that pension shall be made so as to operate from
1 January in the second year after the year in which the pension first
became payable; and
(b) in
the case of a pension which first becomes payable on or before 1 October
in any year, the first increase in that pension shall be made so as to operate
from 1 January in the year next after the year in which the pension first
becomes payable, and the annual amount by which the pension is to be increased
shall be calculated in accordance with the prescribed formula.
(3) For the purposes
of subsection (2)(b), the prescribed formula is the
formula —
where —
P represents the
annual amount referred to in that paragraph;
A represents the
amount by which, but for the operation of that subsection, the pension would
have been increased; and
Q represents the
number of whole quarters (ending on 30 June, 30 September and
31 December) within the period commencing on the day on which the pension
became payable and ending on the following 31 December, for which the
pension was payable.
(4) If, in any year,
the Index for the quarter ending on the immediately preceding 31 December
is less than the Index for the quarter ending on the penultimate preceding
31 December, no increase shall be made in pensions for that year, and the
percentage by which the first-mentioned Index is less than the
second-mentioned Index shall first be taken into account before any subsequent
adjustments of pensions are made pursuant to this section.
[(5) deleted]
(6) This section does
not apply to —
(a) the
pension of a judge who retires on or after the commencement of the 1987 Act or
to a pension payable under the Second Schedule to the spouse or de facto
partner of such a judge or in respect of any eligible child of such a judge;
or
(b) a
pension payable under the Second Schedule to the spouse or de facto partner,
or in respect of any eligible child, of a judge who dies prior to retiring and
after the commencement of the 1987 Act.
[Section 8B inserted by No. 108 of 1975
s. 9; amended by No. 82 of 1987 s. 6; No. 28 of 2003
s. 97; No. 65 of 2003 s. 101.]
[ 9, 10. Deleted by No. 108 of 1975 s. 10.]